Overdue HOA Bills

What can be done short of foreclosure to get money owed the HOA from delinquent homeowners? Has anyone had any experience (in North Carolina) with using small claims court to avoid expensive legal fees, as a first step?

Stanley,

My association had some bad experience doing this but we hired a crooked lawyer.

Several things to consider: 1) Do you know where to find the owners of the property? 2) Do you have reason to believe that they have the funds to pay any judgments you can obtain? 3) Do the rules of the small claims court allow an officer of the association to represent the HOA? 4) Do you have an officer willing to pursue these claims?

If the answer to all four questions is "Yes," then go for it but remember that if the homeowner appeals to a higher court that you may then have to hire an attorney.

Before filing a lawsuit you should first try to find out why the owner is not paying his assessments. If he is just an obstinate jerk, do your worst.

If the homeowner is having financial problems, try working out a payment arrangement with him. The worst thing you can do is win a judgment that you can never collect by burying the owner under a mountain of legal fees.