Real Estate Lawyer?

[phenom5]

Not really sure where to go with this.

We bought our house in a very new development. Someone...no one really wanted to take responsibility for it, so clearly it was our fault...had the wrong zip code for the parcel. After fighting with the builder, the title company, and 2 different mortgage companies, we were assured it was no big deal. The parcel is used for taxes, so no problem.

Just got a letter that our HOA has put a lien on our property because we never received a bill for our dues, and now they are overdue.

The HOA management company acknowledges that there was a address mix up, but according to them, they cannot remove the fees that have been assessed. Well, fuck that. Not sure how to proceed. Curious if anybody has suggestions. I'm guessing that a lawyer would cost more than the extra $300 or so in fees, but I'm not about to pay that. Small claims court? Who?

[catgrad97]

Just went through this with my HOA, which automatically put a lien on the house we're still trying to sell in Cottonwood after three payments a couple of days late over six years.

Ironically, notice was a month late each time, but HOA president says even though they don't issue receipts for monthly payments, he'll remove the lien if we pay Jan. and Feb. dues--plus a $5 "processing fee."

Just pay the money. F*ck HOAs.

[phenom5]

Yeah, I have no problem paying the dues. But it's the extra $300 in fees that I struggle with.

So far I have shown:
The entirety of the other development right behind ours (same HOA) and now the majority of houses in our development (since we called attention to the mix up) all have a different zip code.
The lawfirm that sent us the lien notice sent it to the correct zip.
The correspondence I had with the office regarding the approval for our front & back wrought iron screen doors included the correct zip.

Give me a bill for the dues owed, and a nominal processing fee, and I'll gladly pay it. Tack on another $300 in fees and a lien on the property to boot...now we got a problem.

[Longhorned]

I don't understand any of this. Still, would it be helpful if I asked my mom, who is in the HOA management business, which sounds like the enemy here? What if she's the one billing you?

[UAEebs86]

It's the management company tacking the fees on correct? It's just standard SOP for them probably.

Maybe if you went to a board meeting and appealed to them they could get the management company to waive the fines.
The management company works for the board and the association, not the other way around.

[Longhorned]

Okay, straight from the enemy herself. And I quote:

He should pay the fees that he would have paid anyway, but not the late fees. He should write a letter to the Board of Directors either directly or through the management company requesting credit for the late fees.

They may or may not credit him because it was his responsibility to find out why he wasn't getting billed. Most Boards will grant the request with a full explanation of the circumstances and lots of polite begging, but not always.

When the lien is removed, he should make sure he gets the "original recorded" Release of Lien and keep it until he is absolutely sure that it is properly recorded. This will affect his credit rating, so a letter from whichever agency made the error might be a good thing to have also.

[phenom5]

Thanks for the info LH. I wouldn't say they are the enemy per se, but I'm not buying the explanation that "the fees have been applied, so are hands are tied" BS.

And again...no problem what so ever paying the dues we owe. But the fees are ridiculous, or at least the notion that they can't remove the fees is.

[Longhorned]

Thanks for the info LH. I wouldn't say they are the enemy per se, but I'm not buying the explanation that "the fees have been applied, so are hands are tied" BS.

And again...no problem what so ever paying the dues we owe. But the fees are ridiculous, or at least the notion that they can't remove the fees is.

That sounds exactly right to me, and seems to be the case.