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Is it legal for HOA to try foreclosure proceedings for

Is it legal for...

Is it legal for HOA to try foreclosure proceedings for unsubstantiated fines Not assessments (<$1200)?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

SC, and yes papers have been filled. The HOA covenants appear to not even allow for these subjective fines, only regular assessments which have always been paid on time.

Lawyer's Assistant: Has any paperwork been filed?

Yes... I sent longer response but didn't go through

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

Yes they filed with common pleas court. Stating they have lien from earlier this year but we never received any notice about that.

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Answered in 5 minutes by:
10/24/2017
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,477
Experience: 12+ yrs. of experience including real estate law.
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Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

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This is possible...that is, IF the HOA can prove you owe the association money (from fines or assessments) they can ask the court to sell the property to satisfy the claim.

That said, it is not automatic. The HOA has the burden of proof...they have to prove you owe the money. But if they can prove it? The court can order the home sold to satisfy the debt

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 8 months ago
Hello, this part of Q apparently didn't go through but please provide example or template for a typical response. What are circumstances where case wouldn't have to go through a court hearing ie what Pleadings can get unproven & untrue claim dismissed? We don't want to have to hire lawyer for an unknown period of time to oversee a hearing.

SOrry...I do not understand what you are asking...there is no true "template" as every case is different and based on the facts.

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Customer reply replied 8 months ago
Example or outline such as previous pleading one would file in response to a summons- includes a typical opening statement, legal terms or legal citations, what closing should include. Also, the answer to the last question from my previous post. Thanks
Michael Bradley
Category: Real Estate Law
Satisfied Customers: 1,507
Experience: Owner at The Protection Group LLC
Verified

have they filed a complaint?

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Customer reply replied 8 months ago
in common pleas court
Customer reply replied 8 months ago
In filling HOA stated had a lien months ago but we were never notified. Don't we have some legal rights?

what is you email address

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can you send a copy of the complaint?

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Customer reply replied 8 months ago

********@****.*** is my email. My apologies for not responding right away I had outpatient procedure, thanks. I will send copy of summons once you email me back

Customer reply replied 8 months ago
Please respond so that I can email the complaint as requested! Thanks

for privacy you can send to ************@*******.***

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I have reviewed what you have sent me. From what you are saying you're disputing the amount that is owed. However, they are looking to obtain judgment with the possibility of adding a Lis pendens on the property. You do have a few options. You can answer the complaint admitting or denying each paragraph and making sure to deny the amount in question and asking for strict proof that the amount they claim is owed. You can also contact the attorney to try and start negotiating an agreement with this regarding the amount that they claim is out as well

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Customer reply replied 8 months ago

Not quite, we are UTD with our quarterly HOA assessments as usual. This HOA board is trying to use fees not assessments & foreclosure on "other charges" as stated #* page *. I sent you email from my Outlook acct with a draft that explains it.

Customer reply replied 8 months ago
The 1st Just ask attorney did not answer if a lien can be placed\ honored if no notice given to the consumer?
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,100
Experience: Real Estate Attorney with over 25 years experience
Verified
They may not be able to do so. Check the HOA declaration and covenants that are recorded. You can request a copy from the HOA. It is required to spell out the procedure for unpaid assessments, notice and collection. Hope that helps. Please provide a positive rating.
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Customer reply replied 7 months ago
The summons was NOT for unpaid HOA assessments but trumped up fines such as if grass cut down to inches that various individuals like. Question that was not addressed the HOA trying to use fees not assessments to foreclose. Look at Nov 8 chain please."However, they are looking to obtain judgment with the possibility of adding a Lis pendens on the property. You do have a few options. You can answer the..."

The HOA declaration and covenants will lay out the HOA's rights to assess or fine, including for grass fines. Have you reviewed them? The courts generally enforce them based on a reasonableness test. If the grass length is just a matter of degree, you will need to argue that the length of the grass did not warrant the cut or the fine.

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Customer reply replied 7 months ago
The HOA covenants and declarations do Not allow those fines. They know this as another residents told them but apparently they are ignoring... I want to send something to court to have it dismissed but as I've asked before just need basic template from "just answer . Like name of a law to cite
There is no template answer as each answer is based on the facts of the particular case. Such a request is beyond the scope of this site. However, you can easily respond to the complaint in a letter stating exactly what you just stated above. Point out to the court that the Declaration does not allow the HOA to fine. Be sure to send to the Judge, the court clerk and to the Plaintiff's attorney. That serves as an answer in the court. Hope that helps.
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Customer reply replied 7 months ago
Ok thanks, ***** ***** is no national/ Federal Dismissal Requests citation that due to: ***** ***** legal claim, frivolous claim, etc? Cannot afford to go to court...
No, the recorded Declaration controls. Hope that helps. A positive rating would be appreciated.
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,100
Experience: Real Estate Attorney with over 25 years experience
Verified
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