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What is my next step for communicating with HOA & preventing them from assessing late fees and sending my acct. to collection?

Aberdeen, MD |

Sent the HOA a letter stating that I was no longer going to pay HOA fees and put the fees in escrow until they enforce the by-laws (someone was bringing their dog to poop on my property & the sales ppl coming to the door). They sent back a letter stating that they are not responsible for the acts of individuals and have put up signs to stop the solicitors and provided baggy stations for dog owners. Last time I checked, the by-laws were created to be obeyed and they should be enforced. The steps they have taken is not enforcement in my opinion, just warnings. That's probably why no one takes them seriously & it continues to be a problem. They then threatened to send my acct. to collections if I proceed with putting the fees in escrow. What is my next step and/or what are my options?

Attorney Answers 3

  1. Best answer

    This a huge losing battle, and you will probably end up paying for it in the end. Be very careful. The HOA should have a board, and it is up to those members of the elected board to enforce rules. You're complaint needs to be dealt with by the board. The elected members are typically held-harmless. So you either have to join the board to make this change, or vote for members who have your interests in mind.

  2. Withholding payments to an HOA, generally causes more fees to be added to your account, which likely lead to more legal expenses you have to pay, both charged by the HOA and charged your own attorney.

    HOA's are governed by their declarations, which generally allow the homeowners to elect their representatives.

    You either get active with other owners to change the board, or pay what they want.
    You can continue to complain, possibly the HOA actions violate local ordinances, so you may wish to become informed about rules and regulations, and be sure you follow them also.

    General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.

  3. You can take this stand if you like, that's fine, but I don't know how you can prevent them from collecting the money you owe them. Your options are to pay them, or sue them over what you feel are their mistakes.....or of course let them continue collection action.

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