Real Estate Law
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Good morning. Where is the HOA coming up with the $4800? I understand the attorney fees, along with $1200 in past due fees but where is the extra money owed from?
Thank you for the rely. From a legal standpoint, the HOA would be entitled to be paid for past due HOA fees, along with any other late fees and court costs incurred to date and legal fees, to stop the foreclosure. If those are not paid, they can proceed and foreclose. Now, it would be at their discretion to work out a payment plan as well, so you can propose something which you think is reasonable and can afford to pay. If this has gone on for 2+ years, I can see why they are at the point of foreclosure, since there is a legal obligation to pay these HOA fees, which was agreed upon when you took possession.
Why do they want $230 instead of $200?
If there was an agreement in place and you were paying under the terms and conditions of it, they could not just change it. Now, if you failed to pay and breached the agreement, they would have a right to demand payment in full or present new terms and conditions.
And what happened at that time? Was there an agreement in place? If so, did they proceed after and file for the foreclosure even though you were paying?
Why has this gone on for 2 years? Also, if you sent a check and cancelled it and they had to incur a fee of $30, why did you refuse to pay them back?
Members of the Board are still required to pay their HOA dues, so that would not be a legal basis to re-frame from it. At this point, I want to be upfront and honest and share that you will have an obligation to pay what is owed. You can try and argue that you never received notice and see if they would waive any late fees but at the same time, would need to show you were never placed on notice.
If they do not budge, they can proceed, I am sorry to say. They do not have to wait and at this point, you may want to try and borrow the $30 from someone, to avoid them from proceedings. While it is not nice of them, they can demand the $30
It all depends. If this has been going on for 2 years and you have been placed on notice about it in the past and failed to cure and the HOA is allowed to add the late fees, it would need to be paid. Moreover, if this was turned over to an attorney, you would be required to pay their fees as well.
You can use that as an argument to the attorney. You can share you were never placed on notice and had you been, would have cured this and ask that the fees be waived, for anything prior to 2017 and ask for proof, that notice was sent and received.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!