Our HOA has placed a lien on our prperty for non-payment of assessments and monthly dues. I have been unemployed and therefore unable to keep up with these and they have fallen behind by 6 months.
They are now trying to foreclose our property even though we have tried to make a payment plan through their attorney's office. We owe less than $300.00 in back-dues, and they have tacked on an additional $2000.00 in attorney fees, which will increase if it goes to court for forclosure proceedings. We were served on the 12th of this month. I contacted their attorney's office to set up a payment plan which they had to submit to the HOA for approval. The HOA did not respond for 2 weeks. We have been informed that the HOA will not accept any payment plan, they want a lump sum OR foreclosure proceedings if they do not receive the sum by 20 days from service of the papers. We were informed of this with only 4 days to come up with the whole amount. 2nd mortgages take up to 30 days to fund... HELP!!!
There are active HOA fora at
You might find helpful information there. There are sections for general questions, about vendors, government, courts, investigations, miscellaneous. They are also developing state specific lists. There are at least a few questions that deal with your question.
They are now trying to foreclose our property even though we have tried to make a payment plan through their attorney's office.
One suggestion is to pay the entire amount of dues and fees, using perhaps a cashier’s check and return receipt certified mail. Label your check that it is for dues and fees, and include the months even.
The attorney fees are supposed to be different, they are NOT supposed to be able to foreclose for attorney fees, but unless your check is labeled for dues and fees, they will put that amount on attorney fees. SO LABEL your check. Make a copy, keep a record. Find out for sure the correct address to send it—in fact, take a witness and hand it to them, and get a dated, signed receipt. Make one of those and take it with you just in case they can’t find the receipt book.
Is your receipt labeled attorney fees? It may help you a lot if it is.
They WILL foreclose if you do not pay. If you have the proof that you did pay the dues and fees within their time freame, you have SOME legal chance of surviving. Nest time, tighten your belt and pay the dues before anything else.
You didn’t say your state, but you might consider going public with this.
Go to that HOA board and post your question there, read some of the other posts for more thoughts.
if you need to hire an attorney, hire a Business or contract law specialist attorney. Do NOT go with a Real Estate attorney. A HOA is a corporation and the rules are contractual.