Q: Hello I was sick with COVID and fell behind on HOA assessments and dues. HOA had now referred me to their attorney.
A: HOA rules attach legal fees. Unless that lawyer feels bad for you, you'll be expected to pay the past due amount plus legal fees. Sorry.
A: You didn't ask a question. The attorney will want you to pay the past due assessments and their attorneys fees so they don't file suit to foreclose the lien on your property. You can have your house sold underneath you if you don't get this taken care of. If you try to make a deal with the HOA directly, they will probably not deal with you because they have referred the matter to the attorney, so figure out what you can afford each month and make an offer. When you are in this pickle, "what you can afford" doesn't mean what you have left over after everything else is paid. It means that you pay the mortgage, then your car insurance, and then the HOA. After that you can think about food and the cable bill. (I don't intend to sound mean, but that's the way it is. you don't want to lose the house.)
A: I am not sure what your question is since you did not ask one but assuming it is "can they do this?" the answer is, unfortunately, yes. There was no moratorium on HOA assessments. You should settle the amount in the demand letter as soon as possible because you are risk of losing your home. The only argument you may have is if you did not receive a Notice of Late Assessments 30 days before your account was turned over to the attorney. This was a new law that went into effect July 1, 2021.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
