Skip to main content

Irresponsible HOA or association fee

Baldwin Park, CA |

we bought a house 5 years ago. We know we have to pay association fees, and we talked to neighbors to ask who should we pay to. They give us a mail address and phone number. We called and wrote a letter to the address, but no one ever answered.Now, the next door neighbor became the new director(not elected by home owners but pass on by previous director). The new director is telling us, we own HOA a large amount of money because we never pay the fees. The old director never done anything for the community (gardener, gate, or light maintenance) , and we can never find her. We did not feel reasonable to send a check to a person that we never meet. The new HOA director is telling us if we don't catch up, they can put a lien on our house. Is this legal? Can we fight back in this situation?

Attorney Answers 4


  1. Have an attorney review your HOA articles of incorporation and by-laws.

    SP@BeverlyHillsLawPartners.com
    323-703-3581


  2. You definitely need this cleared up before they lien your property. I would consult an HOA attorney as soon as possible.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  3. I agree you need to get this matter cleared up. The first place to start is to review the CC&Rs, etc., that were given to you when you purchased the house. A director must be elected, not appointed by the previous director. I strongly suggest a sit down with an attorney. Good luck.

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  4. It seems that you are admitting that you did not pay your HOA dues. If that is the case, then yes, you owe the money and the HOA can put a lien on your house. You might have some defenses, but generally speaking, if you did not pay, then you are at risk.