HOA put lien on my house-Can this really be happening

[mom of princessx2]

We have an annual HOA due of $100 that is to be paid in July. We have paid it every year but somehow last years was an oversight. I know it should have been paid but that is not my question. Don't they have to send you something or give you notification before putting a lien on your house? Other than the original bill we received nothing but a letter from an attorney today stating we now owe $175.60 to HOA and $150 to the attorney. When I call the attorneys office they said the lien was put on the first week of November.

I guess I am most frustrated with the fact that we participate in neighborhood things and I put on the neighborhood yard sale in both spring and fall so I was in comunication with the HOA BOD in late September and nothing was ever said to me. I didn't realize they would just put a lien on with no further notice.

 

[java]

They've threatened us with that too. Thankfully it never came to a lien but really I am sure if you pay the bill it goes away right?

What bothered me is exactly what is bothering you- hey you know where I live It's not like I am going to disappear and not pay my dues. And really it's $100. Hope it all gets worked out for you.

I hate our HOA.

 

[ExPirateShopGirl]

They are within their rights to place a lien on the home if assessments aren't paid. Technically, they probably don't have to send you an additional notice if one was sent before the due date, although it's a good policy. Read your HOA by-laws or your CC&R's to make sure they followed collection guidelines prior to filing the lien. At the very least, courtesy dictates an additional request for payment and warning. Sorry to say

 

[mtblujeans]

I don't think anyone does have to notify you when they attach a lien. Some people (here) don't find out about it until they sell their property and there could be years of interest attached by that time. I think a lien does show up on a credit report, so that may be a clue to take action.

Once it is filed ~ and I'm sure someone will correct me if I am wrong ~ you have to pay the fees and the full amount owed. I think a calm face-to-face question to someone as to why they didn't just ask you about it is appropriate!

(posted at about the same time)

 

[TheRatPack]

We owed back taxes one year and we were paying them with a payment plan (to the state, not a HOA) and they put a lien on us anyway. We didn't learn about it until we checked our credit a year later....and it still hadn't been released even though the balance had been paid in full for months. It now will be on our credit for 7-10 years from the release date. It's irritating....I wish they'd warn you before doing that.

 

[mom of princessx2]

It just stinks because I think, if your not tell me to my face, at least send a letter saying "hey, your late. pay by XX or we will put a lien on you house" They could have even contacted me after putting the lien in November to let me know now I owe $175. Either would be better than getting a letter from an attorney who is now also charging me $150.

 

[PixieTl]

check your bylaws, some HOA's are required to notify you if you are late and notify you before a Lien is placed on your house.
If not, request a motion be made that a board member Must contact residences if they are late and before a Lien is placed on a home. It take 5 minutes for a person to do the right thing and simply double check to see if a person is aware of a situation or needs a little extra help. We installed something similar to this in our own community and so far it's worked great.

 

[Lees3rwe]

I have helped with our HOA which is entirely managed by volunteers, there are some folks you just don't want to have a face to face with.

It's quite possible they did send you a notice and it was misplaced.

 

[Kriii]

Wow, it would have been courteous to at least send a reminder. Is there a third party management company who handles your HOA money? Mabey that is why this was handled some impersonally. Did I read correctly that you are only 100 per year? If so, I want to live in your neighborhod. Ours is 140.00 a month.

 

[threeblessings]

That is truly awful! My DH is on the HOA BOD. I would have a fit if I heard he had done anything like that. All the communication they send out is very clear and with plenty of warning prior to taking such a serious step, and all for $100.

Disgraceful, imo. I hope it gets sorted out quickly for you!

 

[lisaross]

the attorney should have sent u a letter stating u are overdue etc. then they can put a lien on ur home. They should send u a copy of the lien....with a letter! If the lien is on u will have to pay a fee to also have the lien removed when its satisfied..

We have an annual HOA due of $100 that is to be paid in July. We have paid it every year but somehow last years was an oversight. I know it should have been paid but that is not my question. Don't they have to send you something or give you notification before putting a lien on your house? Other than the original bill we received nothing but a letter from an attorney today stating we now owe $175.60 to HOA and $150 to the attorney. When I call the attorneys office they said the lien was put on the first week of November.

I guess I am most frustrated with the fact that we participate in neighborhood things and I put on the neighborhood yard sale in both spring and fall so I was in comunication with the HOA BOD in late September and nothing was ever said to me. I didn't realize they would just put a lien on with no further notice.

 

[MK2thcleaner]

Had the same happen to me! It really sucks! I never got the letter that they were tacking on an extra "special dues" of $20 in the middle of the year due to an accident with the development sign. I had a lien put on my house FOR 20 BUCKS and was never notified. However, my development was nice enough to notify me of the lien and apologize and handle all of the fees when the leadership changed. It was simply one rogue president who did this to a bunch of houses.

I'm sorry this happened to you!

 

[kirstenb1]

Our neighborhood has placed liens, unfortunately many times, but we always give at least one overdue notice that clearly states it will eventually go to lien status.

 

[SoonerSarah]

Oh my! I am so glad I don't have HOA fees.

 

[HLAuburn]

Sounds pretty jerky to me. If they really just sent you the bill and you forgot to pay it, and then this is the next you hear from them, I'd be upset too. I agree with the PP who suggested checking your by laws. They might be within their rights, but it's not a very "neighborly" thing to do. A second notice would have been nice.

 

[hoffmann2828]

Please make sure you get it taken care of asap - most people are unaware that if you are considered in default of your hoa, you can be considered in default of your mortgage. Not that they would foreclose over $100, but you also don't want them to get involved and heaven forbid have to pay mortgage company's lawyers too!

 

[ms1031]

It's amazing the power that is given to HOA's... actually it's pretty sickening sometimes.

Take the case of the Texas soldier deployed in Iraq whose depressed wife allowed mail and bills to sit piled up, unopened. His $315,000 home was auctioned by the HOA for unpaid dues of less than $1000. The home sold for, get this, $3,201 !!!!!

I think through some lengthing legal procedures, the couple got to keep their home.

 

[ExPirateShopGirl]

HOA's are never the senior lienholder when a mortgage is in place. Any notice of default must also be served on the senior lienholders (your 1st (and 2nd, if applicable) mortgage lender) who typically pay off the lien to secure the collateral property. HOA legislation in CA has been enacted to prevent HOA abuses of power... but things happen, sadly.

Also... if the woman was depressed how is it the responsibility of the HOA to make that distinction from someone who simply can't or won't pay? If a debtor doesn't respond, creditors can only use the default remedies made available to them, like liens and auctions.

It's amazing the power that is given to HOA's... actually it's pretty sickening sometimes.

Take the case of the Texas soldier deployed in Iraq whose depressed wife allowed mail and bills to sit piled up, unopened. His $315,000 home was auctioned by the HOA for unpaid dues of less than $1000. The home sold for, get this, $3,201 !!!!!

I think through some lengthing legal procedures, the couple got to keep their home.

 

[DCLbrideSept2009]

Exactly why DH wants to buy a house where there is no HOA. Well, that and other reasons. We are renting right now, so the landlord deals with the HOA, not us. But when we buy, we are seriously considering buying where there is no HOA. That's ridiculous.

 

[kidshop]

It just stinks because I think, if your not tell me to my face, at least send a letter saying "hey, your late. pay by XX or we will put a lien on you house" They could have even contacted me after putting the lien in November to let me know now I owe $175. Either would be better than getting a letter from an attorney who is now also charging me $150.

It does seem kind of unnecessary. I know these days a lot of people stop paying the HOA and it is expensive to keep contacting people, but a second notice is reasonable.

We have a rental home with an HOA, and the payment fell out of our auto payments somehow, so I got a nasty gram saying I owed fees and penalties and threatening the lien, but when I called the president (who I know!) I only had to pay the regular amount. It was about5-6 months late at this point, the the total was about $250. Then I sent the check to their PO box and they 'misplaced' it, so a few weeks later I got another nasty letter!! Really? They found it pretty quick. A phone call in these cases is less expensive and less time consuming than all the postage.