HOA sueing me not not paying fees, PEASE HELP!!!!

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Latest post 04-10-2009 10:57 PM by jim p. nguyen. 2 replies.
  • 04-07-2009 10:42 PM

    HOA sueing me not not paying fees, PEASE HELP!!!!

    HI all new to this forum!!

    Sorry in advance if this is in the wrong section, I couldn't find a thread for HOA issues.

    Heres my problem, I own a home in Chicago IL. When I first purchased the property it was managed by the developer, soon after the HOA changed hands from the developer to the tenants. The tenants formed an HOA and gathered residences living in the property as board members.

    When I moved into my condo, I refused to pay the HOA fees because I felt the property was under kept by the developer, when the HOA changed hands I also did not pay the HOA for the same reasons. Now 2 years later they are attempting to take me to court.

    I received a certified letter from the HOA's attorney saying in short I better pay up the balance in full which is 4,000.00 dollars or they will seize and reposes my property.

    My question is: can they legally obtain my home due to not paying the hoa in the state of Illinois? 2nd they are charging me bogus late fees and attorney fees on top of what I currently owe.

    Am I missing something? Do I have any odds of winning or should I just pay them off? I feel there are a lot of loop holes in this case due to the HOA forming and me not signing anything. Any help will greatly be appreciated. Thanks

  • 04-10-2009 12:18 AM In reply to

    Re: HOA sueing me not not paying fees, PEASE HELP!!!!

    jim p. nguyen:
    Sorry in advance if this is in the wrong section, I couldn't find a thread for HOA issues.

    This is the right place. HOA issues are routinely discussed here.

    jim p. nguyen:
    When I first purchased the property it was managed by the developer, soon after the HOA changed hands from the developer to the tenants. The tenants formed an HOA and gathered residences living in the property as board members.

    That's a very common process in modern housing developments and most likely was addressed in your deed or CC&Rs (Covenants, Conditions, & Restrictions) that went along with the deed.

    jim p. nguyen:
    When I moved into my condo, I refused to pay the HOA fees because I felt the property was under kept by the developer, when the HOA changed hands I also did not pay the HOA for the same reasons.

    Incredibly bad idea as you are finding out. I suggest you carefully and thoroughly read your CC&Rs to see what you did wrong. If you can't understand them, you'll need to hire a lawyer to explain them to you.

    jim p. nguyen:
    Now 2 years later they are attempting to take me to court.

    Yes, that would be the consequence of not paying the fees.

    jim p. nguyen:
    I received a certified letter from the HOA's attorney saying in short I better pay up the balance in full which is 4,000.00 dollars or they will seize and reposes my property. My question is: can they legally obtain my home due to not paying the hoa in the state of Illinois?

    Probably. The CC&Rs and HOA statutes likely give the HOA the power to lien and foreclose for unpaid fees.

    jim p. nguyen:
    2nd they are charging me bogus late fees and attorney fees on top of what I currently owe.

    Sorry, nothing bogus about them. They are likely addressed in the CC&Rs.

    jim p. nguyen:
    Am I missing something?

    Yes. You probably haven't bothered to read the paperwork that you got when you bought the place and have dug yourself a deep hole as a result.

    jim p. nguyen:
    Do I have any odds of winning

    I doubt it.

    jim p. nguyen:
    or should I just pay them off?

    A prudent idea. This will get a lot worse if you don't. Imagine if you had to spend a few thousand on a lawyer and still end up paying.

    jim p. nguyen:
    I feel there are a lot of loop holes in this case due to the HOA forming and me not signing anything.

    But you did sign. You signed your pruchase documents. By doing so you very likely agreed to be bound by an HOA from the getgo. Read them, too.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-10-2009 10:57 PM In reply to

    Re: HOA sueing me not not paying fees, PEASE HELP!!!!

    Before the HOA sent me the 30 day notice to pay, I paid them 300 dollars. The sum demanded did not subtract my 300.00 dollars, and they tackled on 900 dollars worth of late charges that the attorney could not explain.

    Should i reply by demanding them to resend me a updated amount due? Is there a possibilty that i might be able to get them to lower some of the late charges? The HOA's attorney stated that she would email me the late charge break down, but she has yet to do so. Also can i get more time? My 30 days are almost up.

    Thanks in advance

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