I have been sued for HOA pass HOA dues

[Kobe71]

Hi guys, been sued for pass HOA dues by collection agency. They want legal fee as well as collection fee which is 3 times the original amount. Is the collection agency entitled for the legal fees plus the court cost? How do I get the court to throw the legal fees out since it wasn’t agreed . I will appreciate any help especially any one who has dealt with HOA. Thanks 

[WhoCares1000]

You will have to check the HOA bylaws to see if the fees are allowed or not. You agreed to the bylaws when you purchased the home (I am sure you signed something to that effect when you were signing all the other papers) so you did sign up for it.

If those costs are not allowed in the bylaws, you can then argue in court that the amount they are suing for is wrong and go to trial with the bylaws stating that they are not allowed to collect those fees. Of course, most courts do award the winners their legal fees so you might lose on that point.

Also, you might want to look into the HOA more because most HOAs are not run properly. Records are slipshod and they are not properly incorporated or filing the proper tax forms with the IRS and state authorities. Even if you have not paid the dues, as a member of the HOA, you have a right to demand the information from them.

[Clydesmom]

14 hours ago, Kobe71 said:

Hi guys, been sued for pass HOA dues by collection agency.

Is the law firm Lazega and Johanson?

14 hours ago, Kobe71 said:

Is the collection agency entitled for the legal fees plus the court cost?

If the HOA bylaws and CCRs allow for it:  yes.  GA law does allow for it.

14 hours ago, Kobe71 said:

How do I get the court to throw the legal fees out since it wasn’t agreed .

If the CCRs do not allow for the recovery you argue against it in court.  The court will not order a verdict for them.

14 hours ago, Kobe71 said:

I will appreciate any help especially any one who has dealt with HOA.

You might want to consult an attorney.  If the law firm I asked about above is involved they are a bottom feeder and will resort to every dirty tactic to separate you from your home.