Lien on house, attorney fees, no notice given

Started by DylannB • 4 replies • 1450 views

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DylannB (Colorado)
Posts: 4

Posted:

I am curious to what the law states about having a lien put on your condo. I found a lien on my condo from Aug and wasn't notified until Nov when the HOA's attorney did a wage garnishment. Shouldn't I have been notified certified mail or something first? Yes I did get 2 months behind due to umemployment. I am caught up now with the HOA dues. It also seems that the legal fees are outragous($800.00) for a months worth of HOA fees($142). I am having to file bankruptcy and plan to keep my home since it is the only place I have. Will this effect the legal fees and "late" fees?
It also seems that my 4 years of being a "good" tenant doesn't matter with HOA. I am being bullied and watched all the time. I have a disabled child that the president constantly watches and ridicules. I feel like there is nothing I can do. I am not the only one. She has 5 stalking/harrassment complaints against her thru the police dept. Do you think I petition to have her removed or talk to someone to have her at least "straightened out"?

Thanks.

BrianB (California)
Posts: 2,820

Posted:

Quote:

Posted By DylannB on 03/14/2008 7:29 PM
I am curious to what the law states about having a lien put on your condo. I found a lien on my condo from Aug and wasn't notified until Nov when the HOA's attorney did a wage garnishment. Shouldn't I have been notified certified mail or something first? Yes I did get 2 months behind due to umemployment. I am caught up now with the HOA dues. It also seems that the legal fees are outragous($800.00) for a months worth of HOA fees($142). I am having to file bankruptcy and plan to keep my home since it is the only place I have. Will this effect the legal fees and "late" fees?
It also seems that my 4 years of being a "good" tenant doesn't matter with HOA. I am being bullied and watched all the time. I have a disabled child that the president constantly watches and ridicules. I feel like there is nothing I can do. I am not the only one. She has 5 stalking/harrassment complaints against her thru the police dept. Do you think I petition to have her removed or talk to someone to have her at least "straightened out"?

Thanks.

First, don't try to have her "straightened out". Deal with your issues and life, and let her deal with hers. You will have no luck getting her straightened out, it will just frustrate you.
You can try to start a petition, but don't count on much sympathy. Apathy is the norm among too many neighbors.
You can check your state laws about legal notices that must be given prior to filing liens. there may be rules, there may be bone. I don't know your state laws. THe HOA could have mailed you a notice, and you not received it, overlooked it, forgotten it, not noticed it on your door, etc.. Bottom line, they might or might not have done it right, but you likely can't tell.

lastly, $800 is not excessive for legal fees to file, then clear a lien. It costs money to file a lien, and it costs money to clear it. Add to that the cost of an hour or more of legal time with a lawyer, and you are already close to the amount, very likely. THey can also charge transportation time to the courthouse, paperwork copying charges, etc.. I once charged about $250 for a simple lien, and I did all the work myself (time to prepare, fees at the courthouse to file, then clear, time to get to the courthouse, back, etc.). Had I engaged a lawyer, i can imagine $800 going out the door very fast.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

DylannB: How does your condo community notify you when you are in arrears on your payments?

DylannB (Colorado)
Posts: 4

Posted:

I received a letter once in July that I was behind a month and that was it. It came via mail.

Thanks....

PaulM (Pennsylvania)
Posts: 1,347

Posted:

DylannB: It is a difficult time when one gets behind in dues payments; however, it also sounds as though you have not made an effort to speak to the Board about your situation and try to work out a payment plan.

You were sent notification (in July/8-mos. ago) to state you were in arrears 1-month and in November, your wages were garnished. It is reasonable to expect all assn. members to pay dues on time and further, for the Assn. to charge late fees and legal fees to appropriately collect what is owed.

It is unfortunate for you that you did not approach the Board and try to work something out prior to it escalating to this point. We all get in 'jams' from time to time, and hopefully, you will be able to stay current on your dues going forward.

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