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HOA/Collection Agency Related:Can a Lien be Filed Against Us Without Us Knowing and What Do We Do If the Amount Is Unreasonable?

Las Vegas, NV |

We bought a house at an auction. The previous owner owes $400 in HOA fee and a collection agency sent us demand letters asking for $2000. We don't think the $1500 collection fee was reasonable so we called HOA. The 1st time I called, they said we don't owe anything. 2nd time I called they said they don't know how much we owe but we can pay them directly and they'll let us know if there's a balance. So we sent them a check of $400 (including late fees) and it was cashed by them last week and today we received another letter from the collection agency titled "Notice of Delinquent Assessment Lien" and the lien is in the amount of $2400. Could they have filed a lien without going to court with us? Can they file the lien after cashing our check? What can we do if we disagree with the amount?

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Attorney answers 2


If you bought the house at auction, this is the risk you run. When you buy the house at auction, you inherit the HOA liability existing at the time. Reason being, HOA debts are attached to the property, not the person. So, when you buy the house, you get the HOA debt along with any dues, penalties, and collection cost that are authorized by the CC&R's and state law.

As I recall, no court hearing is required for a NV HOA to file a lien, it is an administrative procedure.

Path of least resistance, pay it. But at least try to get an accounting. To do so, contact the HOA directly for an account summary.


Note that Nevada law is different on this than most (all?) other states.

Every answer you get from an attorney without an NV license will probably be wrong (as well as the Unauthorized Practice of Law in this state).