I owe almost 9,000 in hoa dues...i'm concerned about the lien if in fact they go that route?

i owed for just one year's worth of dues...i got on a payment plan paying 220 plus 100 dollars a month to the hoa lawyers...i then received a letter saying dues where going up to 250...so now i had to pay 350 a month ...but i only continued to pay 320 a month ...now they want their balance in full

Montclair, CA -

Attorney Answers (3)

Carl H Starrett II

Carl H Starrett II

Chapter 7 Bankruptcy Attorney - El Cajon, CA
Answered

So you got behind, reached a settlement agreement and then breached the settlement agreement by not upping the payment when the HOA told you it was increasing the dues? The HOA has the right to foreclose on its lien, so you should either get a new payment plan going or consider seeing an attorney about a Chapter 13 bankruptcy to get caught up on the HOA dues.

First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.... more
Frank Wei-Hong Chen

Frank Wei-Hong Chen

Real Estate Attorney - San Marino, CA
Answered

The HOA can both record a lien as well as file a civil lawsuit for the unpaid HOA dues.

California Civil Code §1367.1(a) provides: "A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney's fees, if any, and interest, if any, as determined in accordance with Section 1366, shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied."

Also, notwithstanding more restrictive limitations placed on the board by the CC&Rs, the HOA board may increase regular dues by up to 20% of the HOA's preceding fiscal year without membership approval. (Civil Code §1366(b).)

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
Diane L Drain

Diane L Drain

Foreclosure Attorney - Phoenix, AZ
Answered

The HOA has rules that govern what they can do and you have rules that govern what you can do. You agreed to comply with the rules when you purchased the home. You knew there was a good chance that dues would change over time. If you want to avoid losing your home, and/or perhaps a lawsuit, then make arrangements to cure what you owe.

If you feel that there is a problem with the HOA then you need to seek competent legal counsel.

My best to you.

This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the... more

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