Cindi Posted January 31, 2007 Report Share Posted January 31, 2007 It came as a shock!Evidently, I never got a bill last year for the annual fee of $128.00.I never noticed and never got any kind of notice all yearwell, after being served by the Constable -I called the management co. for the HOA and was told they got my bill returned to them and sent it again to the address the post office gave themthat address was from 2004 when I lived elsewhere for 8 months (although my son never moved and stayed in my house the entire time) but, when I moved back to my house I changed my address with the post office back to my original addressto make a long story shortthey are now suing me for $5,000.00 + court costs and their lawyer feesI went and filed an answer with the court (they only gave me 10 days and it took me that long to find out what this was all about) I have no experience with courts and lawsuits and such and had to just write my answer on a piece of paper, they did not even have any kind of form to fill out. Now I am waiting for the court dateI am very scared they can take my houseas, I don't have any money to give themI am a single mom of 3 with one in college.When I called the management co. the day after I received the papersI told them I had not received the bill for 2007 eitherWell, I never got one but found their office and went and paid it in person. anyone had any dealings with this? Link to comment Share on other sites More sharing options...
nascar Posted January 31, 2007 Report Share Posted January 31, 2007 Someone else might be able to add more to this, but I seem to remember reading a couple of years ago how this was becoming a common practice and a way to basically steal property from people. You'd better get yourself an attorney...now. Whether or not you think you can afford one, do it. Link to comment Share on other sites More sharing options...
IHateCAs Posted January 31, 2007 Report Share Posted January 31, 2007 A few questions...How does your home owner's association not have your proper address?How are they getting $5000 + attorneys fees on a $128 annual fee? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted January 31, 2007 Report Share Posted January 31, 2007 NASCAR is right I remember a case here last year where they wanted to foreclose on this home for owing a few hundred bucks and it ended up in being over thousands.. you need a lawyer Link to comment Share on other sites More sharing options...
Cindi Posted February 1, 2007 Author Report Share Posted February 1, 2007 thanks for your repliesWhat kind of lawyer would I get for this?I have been surfing around and have only found lawyers that rep. HOA'snot the Home owner.I don't know how they can do thisI think it is their fault because I never changed my address with them and the post office has my correct address and has since Oct. 2004.And the Constable served me at my correct addressThey have these lawyers just sitting there suing people I suppose.Got the court date in the mail today it is 4/17gives me a little time to find a lawyerThey took the $128.00 added late charges to bring it to $302.48 then sued for $5,000 plus$1,500.00 for their lawyers + court fees Link to comment Share on other sites More sharing options...
Methuss Posted February 1, 2007 Report Share Posted February 1, 2007 As others have said, get a lawyer. You can loose your home, so just get professional help. The HOA Bills should have been sent to the property of record and no other address. If they sent it to the wrong address, you have a defense. You are not responsible for the competancy of the property management company.Also, how did $302.48 become a $5000 claim? That's not kosher. Yes they can sue for court costs and attorney fees, but you indicate that is listed seperately from the principal claim. Link to comment Share on other sites More sharing options...
Cindi Posted February 2, 2007 Author Report Share Posted February 2, 2007 As others have said, get a lawyer. You can loose your home, so just get professional help. The HOA Bills should have been sent to the property of record and no other address. If they sent it to the wrong address, you have a defense. You are not responsible for the competancy of the property management company.Also, how did $302.48 become a $5000 claim? That's not kosher. Yes they can sue for court costs and attorney fees, but you indicate that is listed seperately from the principal claim.yes, that is what they are doing. And yes, I will have to get a lawyer, but don't know what kind to look forconsumer?real estate?I guess they can send it anywhere they want tobecause that is what they did!geezlike I don't have enough problems.Thanks everyoneCindi Link to comment Share on other sites More sharing options...
Ncognito2212 Posted February 2, 2007 Report Share Posted February 2, 2007 try this website --it may provide some useful information and some contacts.http://stoptexashoaforeclosures.com/good luck! Link to comment Share on other sites More sharing options...
Methuss Posted February 2, 2007 Report Share Posted February 2, 2007 yes, that is what they are doing. And yes, I will have to get a lawyer, but don't know what kind to look forContact your local Bar Association. They have staff that can listen to your problem and refer you to a lawyer that specializes in the area you need.I would say your best bet is with a lawyer specializing in real estate contract law because HOA covenants are deed restrictions. Link to comment Share on other sites More sharing options...
FriendInCt Posted February 2, 2007 Report Share Posted February 2, 2007 Just another example on how evil HOA's can be. Link to comment Share on other sites More sharing options...
divemedic Posted February 2, 2007 Report Share Posted February 2, 2007 I agree. HOA's serve a purpose, but they frequently get drunk with power. Link to comment Share on other sites More sharing options...
Methuss Posted February 2, 2007 Report Share Posted February 2, 2007 Yeah well, sometimes if they get too drunk you can light them on fire. (power fumes burn quite nicely!)My community just ousted an HoA board member for being too power mad. All it took was a special meeting called by the membership and a majority vote of those present at said meeting.Also if a board memeber oversteps their authority and uses their position to break any law, you can have them removed by judicial order. If that happens, they are usually forever barred from sitting on the board again. Link to comment Share on other sites More sharing options...
FriendInCt Posted February 3, 2007 Report Share Posted February 3, 2007 Power corrupts absolute power corrupts absolutely. Link to comment Share on other sites More sharing options...
Cindi Posted March 11, 2007 Author Report Share Posted March 11, 2007 Well, I did get an attorney and met with him last week. He immediately picked up the phone and called the lawyers that filed the suit but got their voice mail.He left a message that he is my attorney and he thinks this is just a misunderstanding and could they please call him. I haven't heard anything yet but wanted to let everyone know what has happened since I posted this thread. Wish me luckp.s. he is not even charging me unless it goes to trialhe said last year he did have one that went to trial don't know the details of that case though Link to comment Share on other sites More sharing options...
myscoresawful Posted March 11, 2007 Report Share Posted March 11, 2007 is there anyway to check and find out if and how many times they've taken homes in their Assc?If never, you might not have anything to worry about, but STILL take it SERIOUSLY and get an attorney as some have already said.I know that we lived in a small HOA while in California. A friend of mine was in tears because they were behind on their fees and the HOA had threatened to take their home too. My ex was on the board in the assc and was once told on the golf course that they worked with people, but those they wanted to see gone from the neighborhood, they really pushed their "legal rights" to make it happen.I hated them for that. This couple was young with two small children on hard times. Fortunately, (not for the couple) the bank foreclosed on the house before the HOA could get their claws into it. Link to comment Share on other sites More sharing options...
hawaiiguy Posted March 12, 2007 Report Share Posted March 12, 2007 In my HOA there was a similar situation last year when one of my neighbors was sued for not paying up. Sounds fimilar, she said she never got her bill, was on a job detail out of state, etc etc. Anyway, they took her to court and her lawyer used that as defense, the judge tossed it out except the dues and half of the late fees and made the HOA pay all attorney fees.... The case was in Washington.Let us know how it goes on the 17th. Link to comment Share on other sites More sharing options...
IHateCAs Posted March 12, 2007 Report Share Posted March 12, 2007 Good luck. HOAs are the devil. Link to comment Share on other sites More sharing options...
ocn2000 Posted March 13, 2007 Report Share Posted March 13, 2007 Couldn't you just pay the back payments and get caught up, negating the need for the HOA to go to court, thereby negating court and legal fees?? If you pay them before the trial starts, there is no need for a hearing. I assume they could want you to pay for any lawyer fees incurred in preparing the case. That can't be that much, you could demand a bill or contract for the actual out of pocket expenses. It would be cheaper than losing a house or hiring a lawyer. Link to comment Share on other sites More sharing options...
elyse449 Posted March 13, 2007 Report Share Posted March 13, 2007 Well, I did get an attorney and met with him last week. He immediately picked up the phone and called the lawyers that filed the suit but got their voice mail.He left a message that he is my attorney and he thinks this is just a misunderstanding and could they please call him. I haven't heard anything yet but wanted to let everyone know what has happened since I posted this thread. Wish me luckp.s. he is not even charging me unless it goes to trialhe said last year he did have one that went to trial don't know the details of that case though...good luck. I know how horrid HOA's can be. I contacted my state reps last year over some issues. Keep us posted!Elyse Link to comment Share on other sites More sharing options...
Recommended Posts