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Can an HOA include fines in a lien? And I thought the

Customer Question
Can an HOA include...

Can an HOA include fines in a lien? And I thought the homeowner had to be $1200 behind in dues and or one year late?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Adizona

Lawyer's Assistant: Has any paperwork been filed?

My HOA filed a lien a year ago for $534. I paid it 5 days later. This past week they filed a lawsuit against me for $1025 in late fees past due dues and fines

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My balance is paid as of now, but I want to know if I can or should file a suit for violating any rules or laws

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/13/2017
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,083
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Arizona law limits the types of charges that the HOA or COA may include in the assessments lien (Ariz. Rev. Stat. § 33-1807(A), § 33-1256(A)). They can include assessments, late payment fees, collection fees, reasonable attorney fees, and penalties/fines.

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The law in AZ just says that they can't foreclose unless the amount is $1,200 or more or the amount has been delinquent over a year..

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So they can pursue this additional money if you didn't pay everything that was due including any late fees, attorney costs, and fines..

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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