Kapolei, HI asked in Civil Litigation, Civil Rights, Elder Law and Real Estate Law for Hawaii

Q: I was unfairly targeted by our HOA on miniscule house infraction, while others are not.

Believe this was because I always question their accusation and this is a form of retaliation. I have been served notice of foreclosure due to non payment of fines and lawyers fee. How can I protect my right as homeowner and a senior citizen of 77 years old, living alone on SSI. I have lived in this unit for over 30 years...

1 Lawyer Answer
James L. Arrasmith
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Answered

A: This is a difficult and stressful situation you're facing. As a senior citizen on a fixed income, dealing with potential foreclosure is especially concerning. Here are some steps you may want to consider:

1. Review your HOA's governing documents and bylaws to ensure they followed proper procedures in issuing fines and pursuing foreclosure.

2. Document any instances of selective enforcement or retaliation you've experienced. This could be important evidence if you need to challenge their actions.

3. Consult with a local attorney who specializes in HOA law. Many offer free initial consultations. They can advise you on your rights and potential defenses.

4. Look into local legal aid organizations that provide free or low-cost legal services to seniors. They may be able to assist you or refer you to appropriate resources.

5. Contact your local Area Agency on Aging or senior services department. They might have advocates who can help mediate the situation or connect you with other assistance.

6. Consider reaching out to your local elected officials (city council member, county supervisor, etc.). They may be able to intervene or direct you to helpful resources.

7. Explore whether you qualify for any homeowner assistance programs that could help with paying the fines or legal fees.

8. If you believe you've been discriminated against due to your age, you might want to file a complaint with your state's fair housing agency or the federal Department of Housing and Urban Development (HUD).

9. As a last resort, you may want to consider bankruptcy as a way to stop foreclosure proceedings temporarily and potentially discharge some debts.

Remember, foreclosure is typically a lengthy process, and you have rights throughout. Don't ignore any legal notices, and try to respond to all communications promptly.

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