Q: HOA Put cloud on title for fees outside statute of limitations causing cloud on title. What remedies do we have?
The HOA sent an invoice for years outside the statute of limitations that were never given to the heirs until after the owners death.
When the owners went to sell, the hoa put a cloud on the title to collect the full amount, even though most of it was outside of the Nevada Statute of limitations. This caused a sale of condo to fall through. What remedies do we have against this frivolous clouding of out title?
If the condo is in Nevada, then you will need an opinion from a Nevada attorney. Suing someone for interference with a contract is possible, but normally you have to prove exactly how much money you lost. If you sell the home to someone new, and get the same amount as was in the original contract, you may not have lost any money, unless there are other costs involved.
If they are still maintaining an illegal lien, you can sue them to get it removed. In Utah there are penalties to the person who records an illegal lien.
I am sorry for the issues you are dealing with. You would first need to look at the CC n R's to see if they have a valid claim, this is more of an HOA issue than business law. I am sorry I can't be more helpful. I would hire an attorney that deals this area, there are several sources of law at play: contract common law, HOA statute law, CCn R's, statute of limitations. There is a lot you have to synthesize in order to figure out what obligation you have, if any, and then to determine whether you have a strong enough claim to go after them for a wrongful lien.
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