Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

Is it legal for HOA to try foreclosure proceedings for

unsubstantiated fines Not assessments (<$1200)? JA...
Is it legal for HOA to try foreclosure proceedings for unsubstantiated fines Not assessments (<$1200)?
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: 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.
JA: Has any paperwork been filed?
Customer: Yes... I sent longer response but didn't go through
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes they filed with common pleas court. Stating they have lien from earlier this year but we never received any notice about that.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
10/24/2017
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,478
Experience: 12+ yrs. of experience including real estate law.
Verified

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Ask Your Own Real Estate Law Question

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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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: 1,142
Experience: Owner at The Protection Group LLC
Verified

have they filed a complaint?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
in common pleas court
Customer reply replied 1 month 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

Ask Your Own Real Estate Law Question

can you send a copy of the complaint?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month ago
Please respond so that I can email the complaint as requested! Thanks

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

Ask Your Own Real Estate Law Question

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

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month ago
The 1st Just ask attorney did not answer if a lien can be placed\ honored if no notice given to the consumer?
Lori H.
Lori H., Lawyer
Category: Real Estate Law
Satisfied Customers: 24
Experience: FL 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.
Ask Your Own Real Estate Law Question
Customer reply replied 4 days 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.

Ask Your Own Real Estate Law Question
Customer reply replied 4 days 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.
Ask Your Own Real Estate Law Question
Customer reply replied 4 days 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 H.
Lori H., Lawyer
Category: Real Estate Law
Satisfied Customers: 24
Experience: FL Real Estate Attorney with over 25 years experience
Verified
Lori H. and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Ask Lori H. Your Own Question
Lori H.
Lori H.
Lori H., Lawyer
Category: Real Estate Law
Satisfied Customers: 24
24 Satisfied Customers
Experience: FL Real Estate Attorney with over 25 years experience

Lori H. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,052 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,763 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,532 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,918 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Can a homeowners' association own land? If so can a
Can a homeowners' association own land? If so can a partnership that currently owns the land transfer it to the HOA? How is it accounted for on the partnership's books? Since the HOA is not a 501(c)(3… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,465 satisfied customers
I have a HOA issue. Florida. I am aproved by the HOA in 2
I am aproved by the HOA in 2 units. I live in unit 26 and my dad lived in 44. He passed away. And deed was only in his name. But the approvsl has us both on 44. Now i have recently invited my cousin to stay for a few days at my dads 44 unit, since its empty. Hoa came with the police and said they have to lesve by tomorrow.… read more
LegalGems
LegalGems
Juris Doctorate
10,423 satisfied customers
An association is foreclosing on a condo at an upcoming
An association is foreclosing on a condo at an upcoming advertised Sheriff Sale in MN. If I buy the lien on that condo, what happens to the 1st and 2nd mortgage? Do I have to pay that off before the 6… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,465 satisfied customers
Do HOAs have to have a Covenants Committee? If yes, do HOA
Do HOAs have to have a Covenants Committee? If yes, do HOA statutes dictate the composition of such a committee? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,465 satisfied customers
Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,003 satisfied customers
What are the requirements for a Condo Association to have a
What are the requirements for a Condo Association to have a Capital Reserve done by an outside agency. This is for the state of Ohio. Can the Board perform one on its own? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,629 satisfied customers
I am having issues with my HOA. Seeking advice from an HOA
good evening, I am having issues with my HOA. Seeking advice from an HOA lawyer in Torrance. … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,629 satisfied customers
I am in an HOA. The HOA wants an air conditioner unit at the
I am in an HOA. The HOA wants an air conditioner unit at the rear side of the home to be removed but the bylaws states must be removed from front wall or Windows. Also individual in the home previousl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Barrister: HOA is foreclosing on lien for HOA dues. Court
Barrister:HOA is foreclosing on lien for HOA dues. Court filed notice of impending dismissal. Evidently they did not meet the deadline. Court filed :Dismissed/Dismissal. Can't view on line to read the… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
I have a town home in a hoa. I contacted the hoa in 2014
I have a town home in a hoa. I contacted the hoa in 2014 about a build up of rain water next to my home that has caused some slight foundation movement small interior wall crks it took about a year bu… read more
P. Simmons
P. Simmons
Lawyer
35,478 satisfied customers
HOA in Florida, the HOA budget has been kept artificially
This is for an HOA in Florida, the HOA budget has been kept artificially low for years, some line items such as taxes on the gym have not even been budgeted. Our docs say to raise the budget over 5% w… read more
LegalGems
LegalGems
Juris Doctorate
10,423 satisfied customers
There is a HOA president in our neighborhood that is not
There is a HOA president in our neighborhood that is not working on all of the homeowners behalf, rather she has her own agenda. The original president sold and moved out of the neighborhood and appoi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
HOA association failed to maintain the roof in our
HOA association failed to maintain the roof in our California condo building properly resulting leaks. It took them 3 attemots over 2 weeks to stop the leakage. The HOA repaired and paid for the signi… read more
Damien Bosco
Damien Bosco
3,164 satisfied customers
I'm about to go into an HOA meeting. The HOA board members
I'm about to go into an HOA meeting. The HOA board members all have a smaller sqft than the rest of the homeowners. The board members want to lower their HOA fees and charge by the sqft. Is this commo… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,763 satisfied customers
I was told that for a Georgia HOA letter, the HOA letter
Hi -- I was told that for a Georgia HOA letter, the HOA letter cost was capped by a law. Something like $35 or something like that. But I know the cost for the letters that closing attorneys must orde… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,155 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a homeowner of a condo in texas, can an hoa association
I am a homeowner of a condo in texas, can an hoa association stop the sale of unit over hoa dues owed, I have under contract now a cash sales fast close, they are trying to forclose, but I have a buye… read more
Ray
Ray
Lawyer
Doctoral Degree
7,532 satisfied customers
Our Homeowners Association (HOA), Rancho Viejo South (RVS)
Our Homeowners Association (HOA), Rancho Viejo South (RVS) in Santa Fe, NM, was formed under the Nonprofit Corporation Act of New Mexico around 2003. We have just under 600 homes in our HOA with a bud… read more
Ray
Ray
Lawyer
Doctoral Degree
7,532 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x