delinquent hoa dues for 21months

We have one of unit owners who didn't pay 21 months of HOA fees.
She owns two units with someone else's name.
She's been paying current HOA fees on time since last November.
The problem we are having now is that how to collect old HOA fees.
Former HOA board members put a lien on those units last December.
When I became a president for this year she came to me and told me that she wants to pay off old dues.
However, the total amount was very different from what we expected.
The total dues on the lien was about $15000. (HOA fees + legal fees + late charges)
She didn't want to pay late charges and deduct all the money she spent on repairing her units.
(HOA didn't fix her problems since she wasn't paying HOA at that time.)
The check she brought to us was only $7300.
Now she's asking me to take that money and remove the lien.
But the former president and some other people don't want to take it since it might lead other people to do the same thing.

My question is if we go to court, are we able to collect the full amount + legal fees?

If you have to make a decision, What would you do?

I noticed in this post the comment "The HOA didn't fix her problems because she wasn't paying" can the HOA do this if there is nothing in by-laws or covenants ?

Oh, I should specify that good business practice shouldn't allow anyone to deduct expenses from what they owe.
The individual should pay what the owe and a check should be made to pay any reimbursable expenses (that have receipts of course).

Why did the board not proceed against the legal owner(s) of those two units? How would you prove in court that this person is responsible if the units are in someone else's name?

My math says that the assessments on these two units were not paid between February, 2011 and October, 2012, yet your board waited until December, 2012, to file a lien. Why?

If she purchased the units in late 2012 before your association filed the liens, the title company would have had no notice that money was owed.


I am curious about those "legal fees." How much and what were they for?


Between you, the former president, and these other people, who is president? Thank them for their concern but do not hesitate to remind them that they allowed this mess to fester and that now is the proper time for them to sit down and shut up.


Were the items she repaired items that the association is required to maintain or repair? Is there a clause in your declaration that says the association may refuse repairs if the owner is not paying or did your board just decide on their own that they were going to teach her a lesson? If there is no clause in the declaration you will be in deep doodoo going to court.


I would take the money and call it quits. She is holding more cards than you. If you went to court you would have to explain why you are suing a person who did not own the units. You also have the issue of refusing repairs plus questions about all the other costs your association has rolled into this.

Hi BB7,

Our CC&R doesn't specify about this kind of issue.

We have bylaws but its a copy of CC&R and it was never revised since it was written in 1980.

thank you.

Hi John,

I don't have a paper with me so I can't give the exact amount and break downs but here's what I remember.

1) 21 months dues = $11088
2) special assessment for fixing water tank = $200 * 2
3) special assessment for something (I can't recall) = $300 * 2
4) sheriff fee = $75 * 2
5) attorney fee = $300
6) legal paper fees (via WeThePeople ParaLegal) = $150
7) late charges = about $1500

and some other stuff I just can't remember now. The total was about $15000.

thank you.

Hi Steve,

She is the actual owner of two units.

However, on the paper, two units are under either her relatives or friend's name.

I think it's under her daughter's name now.

thank you.

If it was me, I'd make a deal to waive the late charges if she can pay in 60 days, but everything else stands.

thank you Steve!

The obligations of the association are not usually predicated upon whether a particular owner has paid their assessment or whether a president likes or dislikes a unit owner. By refusing to repair a problem that seems to fall under the association's responsibilities, you gave up all rights to bitch about who the unit owner hired and how much they had to pay. Your association had the opportunity to do the right thing and deliberately chose not to do it because of a personal vendetta between an owner and an officer of the association.

thank you Larry.

But everything happened before I became a president.

I'm wondering what would be the best solution for our HOA now.