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HOA fees and liens
Posted on 11/17/15 at 8:00 pm
Posted on 11/17/15 at 8:00 pm
Can someone put a lien on your house for owing HOA fees when there was no papers signed about a HOA?
8
Posted on 11/17/15 at 8:04 pm to Golfer2012
It depends on your deed. If the property had covenants in place, HOA and other things can attach. If the property went through Sheriff Sale, tax sale, or some other legal issue. Maybe not. If served you can fight it, but just like a materialman's lien, the burden of proof really falls on the owner. How much is it and how much will it cost you to fight it.
Posted on 11/17/15 at 8:47 pm to Golfer2012
It always said they could in the contracts. I knew what I was getting into before I bought the house so I never tested them.
Posted on 11/17/15 at 8:47 pm to Golfer2012
Are you not paying your HOA fees?
Posted on 11/17/15 at 8:55 pm to Rhino5
Don't pay them. If you have a mortgage, they won't pay it off to move into first position. They will just keep piling up and when you sell, you can settle with them. It will probably show up on your credit, though. Also, I had a guy in the CC of LA that kept getting letters from the HOA, he didn't know because his girlfriend lived in the house. When I called to see what he owed, they went a filed the liens. If I wouldn't have called, they would not have filed the liens. You may want to check with the courthouse to see if they have filed on other properties in the subdivision. A large percentage of HOA's are just bullies and will try to scare you into paying. Many won't spend the $100 or so to file it. The issue comes into play if they contact your mortgage holder and then they start escrowing it. You will be screwed then. They will charge you and collect what is in arrears, plus two additional months.
Posted on 11/17/15 at 9:03 pm to Golfer2012
It would be highly unlikely, but not impossible, for someone to purchase in a deed restricted community and not sign something about the covenants. It might be buried in the fine print of the pile of paperwork.
But if that really happened and they filed a lien I would have a chat with the closing attorney.
But if that really happened and they filed a lien I would have a chat with the closing attorney.
Posted on 11/17/15 at 9:51 pm to Golfer2012
quote:
Can someone put a lien on your house for owing HOA fees when there was no papers signed about a HOA?
Your papers you signed were in the closing most likely. Also, the fact that you chose to live in a neighborhood with an HOA is acceptance of said HOA terms.
Lien already on your house baw.
pay your dues.
Posted on 11/17/15 at 10:28 pm to HailToTheChiz
you are on the hook for the dues if it is a legal HOA
pay them - likely you are also accruing interest on the dues and if it requires legal action to collect the money you will be responsible for all legal fees and court cost.
They can not only place a lien but depending on HOA rules they can turn you over to collections and garnish your wages
Just pay the dues- your best way out-
pay them - likely you are also accruing interest on the dues and if it requires legal action to collect the money you will be responsible for all legal fees and court cost.
They can not only place a lien but depending on HOA rules they can turn you over to collections and garnish your wages
Just pay the dues- your best way out-
Posted on 11/18/15 at 7:46 am to Golfer2012
As others have said, pay the dues.
a. HOA is expressed in the notes on the deed in most instances
b. If you house was built before the HOA was formed, there was still a note in your closing paperwork of agreement to any existing HOA (it's standard)
c. If by some miracle neither a or b apply, by moving into a neighborhood with a known HOA, you accept them
a. HOA is expressed in the notes on the deed in most instances
b. If you house was built before the HOA was formed, there was still a note in your closing paperwork of agreement to any existing HOA (it's standard)
c. If by some miracle neither a or b apply, by moving into a neighborhood with a known HOA, you accept them
Posted on 11/18/15 at 9:46 am to Old Sarge
Would the same type of rules apply to an existing landlord who owned houses in the neighborhood? The HOA was formed when the neighborhood was, but was recently started up again. The landlord in question owns about 30% of the houses in the neighborhood and has refused to pay for 3 years.
Posted on 11/18/15 at 9:47 am to Golfer2012
Are you purposely not paying dues because you are against the idea of them? You did know there was an HOA in place when your purchased, right?
If you disagree with how the HOA is being ran, get involved. I find most poorly ran HOAs are bitch-fests, but nobody actually offers to help.
If you disagree with how the HOA is being ran, get involved. I find most poorly ran HOAs are bitch-fests, but nobody actually offers to help.
Posted on 11/18/15 at 9:59 am to TigerRob20
quote:
Would the same type of rules apply to an existing landlord who owned houses in the neighborhood?
Is this land-lord also the developer of the neighborhood?
Developers sometimes have different rules applied to them depending on how the HOA is turned over from developer control to HOA's control.
Posted on 11/18/15 at 2:23 pm to 100851
quote:
Is this land-lord also the developer of the neighborhood?
Developers sometimes have different rules applied to them depending on how the HOA is turned over from developer control to HOA's control.
Yes I believe he was. That may be something for us to look into. Seeing as he was a founding member of the HOA, but they never went through the formal process of establishment until our group did, I would think he may be bound by the rules.
Thanks for the insight though, something further to look into.
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