HOA lien

Started by LoriN2 • 2 replies • 1677 views

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LoriN2 (Indiana)
Posts: 1

Posted:

I am making payments to the management company for my HOA fees. Even though I am making these payments a lien was put on my home. Is this legal? What kind of recourse do I have against my very bias homeowners board?

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By LoriN2 on 10/24/2014 9:39 AM
I am making payments to the management company for my HOA fees. Even though I am making these payments a lien was put on my home. Is this legal? What kind of recourse do I have against my very bias homeowners board?

Making payments, suggests you were behind and are attempting to catch up. Is this a payment plan approved by the HOA or something you just did without contacting them? Either way it might be a matter of too little, too late and the payments you are making are being applied to late fees and legal fees, depending on state law or your CC&Rs. I would contact an attorney, legal aid may be available or if you live near a law school they might have an out reach program.

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TimB4 (Tennessee)
Posts: 21,061

Posted:

Lori,

Typically, members who are behind in assessment payments are informed of this prior to a lien put in place. If, as Glen is suggesting, you are behind in paying assessments, entered into a payment arrangement and perhaps was late on one of those payments, it's possible that the Association filed the lien for that reason.

However, if you are not behind in assessment payments, contact the MC and ask for the ledger entries to your account. It is possible that a payment wasn't recorded properly. If you find discrepancies in the Associations accounting, provide proof of payment (cancelled checks, receipts for cash payments, etc.).

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