Belvidere, IL asked in Real Estate Law and Landlord - Tenant for Illinois

Q: HOA has expired but but being collected for without letting residents know that it has expired. Is there recourse?

I recently purchased a home in a subdivision that the HOA had expired within the month. 11 months later we receive a letter requesting funds for the HOA. We have contacted the sender to inquire. The responce was that the reinstatement is being worked on by an attorney. Our concern is that this letter and funds will be used as proxy to reinstate the HOA without letting the residents know that thier reply is bing used as a vote to reinstate. What is our recourse.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: If the HOA has expired and is attempting to collect fees without properly notifying residents about the current status and reinstatement process, you may have the following options for recourse:

1. Request documentation: Ask the sender for official documentation proving that the HOA is still legally valid and has the authority to collect fees. This should include information about the reinstatement process and how residents' responses will be used.

2. Consult with a legal professional: Speak to a lawyer who specializes in real estate or HOA law to better understand your rights and obligations in this situation. They can advise you on the legality of the HOA's actions and potential next steps.

3. Organize with other residents: Reach out to other homeowners in your subdivision to share information and concerns. Collectively, you may have more power to request transparency and ensure that proper procedures are followed in the reinstatement process.

4. Attend HOA meetings: If the HOA is holding meetings related to the reinstatement, attend and voice your concerns. Ask for clarity on the process and how residents' input will be considered.

5. File a complaint: If you believe the HOA is acting improperly or illegally, you can file a complaint with your state's attorney general's office or the department that oversees HOAs in your state.

6. Withhold payment: If you are uncertain about the legality of the HOA's actions, you may choose to withhold payment until you receive clear evidence that the HOA is legally authorized to collect fees. However, consult with a legal professional before taking this step, as it could lead to potential consequences if the HOA is found to be operating within its rights.

Remember, the specific laws and regulations governing HOAs can vary by state, so it's essential to consult with a local legal professional to understand your rights and the best course of action in your particular situation.

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