Four neighbors provided signed testimony to invalidate a false HOA violation. Common knowledge is to simply pay it or let it be paid off upon selling the home. However, I was threatened with foreclosure if I do not pay whatever amount the HOA states.
I was not given the opportunity to be heard before a lien was filed on my property.
My HOA violated state law in accordance with RCW 64.38.020:
(11) ...after notice and an opportunity to be heard by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association;
It is a cash cow for attorneys to charge fines for HOA moot. No evidence was provided besides a letter from the attorney that evidence is just an invoice.
An HOA can file a lien , however if the lien was filed frivolously the costs to remove it are the responsibility of the HOA. The lawyer was most likely told the amount was due and owing under the by-laws. Then the invoice becomes the supporting documentation, relied upon by the lawyer. So if the lien was frivolously filed hire a lawyer and get it removed and your lawyer should give notice he or she is seeking costs.
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