Legal fees

Stacy

Please explain how bogus legal fees to purposely keep my account in the negative could lead to bankruptcy.

Not arguing that the legal fees were bogus, but I do not see the linkage.

Thanks.

COA's in Ohio can.

How?

Foreclosed on the unit and then evicted them in Superior Court. HOA, now hold title to the property until the lender forecloses on the HOA. Really no different than evicting a renter. When the court day arrived the judge heard about 10 evictions, 9 renters and one owner (our case). Unusual, but can be done.

Foreclosure gives the association title to the property. At that time the occupants are no longer owners.

Removing a non-owner from a property is known as "forceable detainer." The most common basis for such an action is non-payment of rent, but the owner of a property may take this action whenever someone is not lawfully in possession the property.

In the instance you cited, the HOA obtained title through foreclosure and obtained possession through eviction. Technically, the association did not evict an owner; it evicted a squatter.

5311.19 Compliance with deed restrictions, declaration, bylaws and administrative rules and regulations.

(A) All unit owners, their tenants, all persons lawfully in possession and control of any part of a condominium property, and the unit owners association of a condominium property shall comply with all covenants, conditions, and restrictions set forth in a deed to which they are subject or in the declaration, the bylaws, or the rules of the unit owners association, as lawfully amended. Violations of those covenants, conditions, or restrictions shall be grounds for the unit owners association or any unit owner to commence a civil action for damages, injunctive relief, or both, and an award of court costs and reasonable attorney's fees in both types of action.

(B)

(1) Except as otherwise provided in the declaration or the bylaws, a unit owners association may initiate eviction proceedings, pursuant to Chapters 5321. and 1923. of the Revised Code, to evict a tenant for a violation of division (A) of this section. The action shall be brought by the unit owners association, as the unit owner's agent, in the name of the unit owner.

(2) In addition to any procedures required by Chapters 5321. and 1923. of the Revised Code, the unit owners association shall give the unit owner at least ten days written notice of the intended eviction action.

(3) The costs of any eviction action brought pursuant to division (B)(1) of this section, including reasonable attorney's fees, shall be charged to the unit owner and shall be the subject of a special assessment against the offending unit and made a lien against that unit.

Effective Date: 07-20-2004

Melissa it's not a rule, it's a law - O.R.C 5311.19 Compliance with deed restrictions, declaration, bylaws and administrative rules and regulations.

O.R.C. Ohio Revised Code

We do need to bring this back around to the OP's question. There is not enough detail to answer the question properly. It seems they believe their HOA added legal fees to their account so that they appear in the arrears. This then would allow them to do a foreclosure or lien. The eviction part is completely unclear.

We don't know the HOA's policy on bringing legal action. Liens when filed do include the legal costs involved. Which would not be "bogus" charges. The HOA would have a right to recover certain legal costs. So it is unclear what legal costs they are incurring to put on the OP's account. There are some that do have policies that legal costs would be incurred to the owner who brings or involved in legal action. I know if the HOA has to clean up a violation on their dime, the HOA can charge the owner the expense of cleaning it up. That can be used for a lien.

So need more information to see if these are indeed "Bogus" legal charges and defining what the OP means by "Eviction". Foreclosure is the typical way of "eviction" of a HOA. That word was not used to define the differences.

To clarify a bit. The board members of this association have been conducting illegal misuse of funds, I have been watching carefully and they know I am on to them. The association changes management companies and attorney's often and when the newest atty was hired he started adding legal fees to my lease payment without reason. I have asked for the books several times and am denied. I also asked to see where the association has paid my legal fees to the atty and denied that proof as well. Basically, they want my property due to it being the best spot in the neighborhood and trying to force me out. I dismissed my first bankruptcy with promise from the management company they would work with me after dismissal. I met with them two days after I dismissed my bk and was handed a demand for rent. There was not one legal fee on the demand and I questioned them, they stated they could not charge me for them???? I was also handed a statement of my account that same day that showed I paid $4000 of the $6700 they were charging me. I went to court and handed the paperwork to the judge, the last I knew there was a final hearing to be scheduled, but have rec'd no notice of any.