The Trial-Tested Representation Your Case Requires
Has your HOA taken unreasonable steps to collect fees?
October 21, 2022
There are numerous benefits that you can derive from living in a community managed by a homeowner’s association (HOA). The HOA likely helps enforce community rules about how people use their property and how they maintain their yards.
You know you won’t have to worry about loud late-night parties or your neighbor painting their home chartreuse because of the community standards. You may also benefit from having access to community amenities, like an outdoor pool or a year-round exercise facility.
Of course, living in an HOA means that you have to pay fees to maintain community spaces and amenities. When you have a budgetary shortfall because you have unexpected medical costs or you lose your job, you could fall behind on your HOA fees. Unfortunately, you could face very aggressive collection efforts.
What could your HOA do?
Depending on how far you are in arrears and the terms set by your HOA, there could be numerous consequences you face for
falling behind on HOA fees
. Sometimes, they simply charge a late fee and send you a warning notice. Other times, the HOA board might take more aggressive steps to force you into compliance.
They could block you out of shared spaces or even attempt to foreclose on your home when you go far enough into arrears. To determine whether or not your HOA has taken inappropriate steps, you will need to review the bylaws for the HOA. There may be specific rules already in place related to the collection of past-due fees. If you can show that the board has deviated from those practices, you could stop their collection efforts or hold them accountable.
If they attempt to take you to court, you may have grounds to defend yourself. Uneven fee enforcement and other inappropriate practices might provide you with a defense against the efforts of the HOA board.
You may need help resolving the dispute
If your past-due fees have gone beyond one or two months, the situation may require professional help. Real estate attorneys understand what HOA boards can and cannot do. They also have experience negotiating what could be a tense and emotional issue.
Bringing in the right support will help those dealing with real estate matters, like
HOA fee collection disputes
, that put their homeownership at risk.