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Can my HOA try to collect Fees for the last 4 years after not contacting me for that whole time?

Lexington Park, MD |

I thought my HOA dissolved 4 years ago because they didn't return phone calls or mail. Now they've sent me a collections letter (first communication) saying that I need to pay them 4 years of HOA fees plus late fees. to catch up Can they do this? Where were they for four years?

Attorney Answers 4


  1. HOAs are traditionally very aggressive and a lot of the time they violate collection laws. I recommend you contact a consumer attorney in your area immediately as you may have a case not even know it

    Kazerouni Law Group, APC is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 800-400-6808, or through one of the evaluation forms on this or at our own website at www.kazlg.com. The information provided on this website is for informational purposes only and should not be construed as legal advice or as forming an attorney-client relationship. No attorney-client relationship between the reader and Abbas Kazerounian has been formed. If you are in the State of California and would be interested in a formal free consultation either visit Kazerouni Law Group, APC website at www.kazlg.com or call me toll free at 800-400-6808.


  2. Mr. Kazerounian is correct. In addition, these fees may be outside the statute of limitations. If that is the case, the HOA cannot sue you so any threats to do so are a violation


  3. Do you still own the condo? Does it matter to you if this remains as a lien on your property?

    As far as collections, there may be statute of limitations issue. Also, please provide more information on how they are contacting you.

    Thanks,
    Rob


  4. The Statute of Limitations defense may be available in this case. Presuming that you still own the property, you should act quickly in order to avoid a lawsuit that would undoubtedly result in a lien against the property and/or your personal assets.

    HOAs and condo associations tend to be very aggressive.

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