cancel
Showing results for 
Search instead for 
Did you mean: 

Being sued by HOA. Need help!

tag
DaveInAZ
Senior Contributor

Re: Being sued by HOA. Need help!


@FlaDude wrote:

@DaveInAZ wrote:

OK, here's something that occurred to me: The Judge cannot grant the Summary Judgement because it would be a form of "Double Jeopardy", being tried twice for the same crime, which is very illegal.


The OP is not being charged with a crime, this is a civil case. The concept of double jeapardy only applies to criminal cases.


Well, I did say there was a probably better legal term. The point is the HOA has already effectively secured their claim with the two liens placed on the OP's property, no doubt permitted by the HOA CC&Rs. I don't believe the Judge could approve a Summary Judgement while the liens are in place because that would result in the HOA to be paid twice for the same claim.

Message 11 of 29
FlaDude
Valued Contributor

Re: Being sued by HOA. Need help!

All liens really do is show that money is owed and provide a legal notice to potential buyers that there is a claim on the property, they don't get the association any money unless the property is sold. To actually get any money the association would need to sue for a judgement or foreclose which pretty much would require a lien to be in place first.

Scores: March 21 FICO 8: EX 810, TU 808, EQ 813
AoOA: closed: 40 years, open: 30 years; AAoA: 14 years
Amex Gold, Amex Blue, Amex ED, Amex Delta Blue, Amex Hilton Surpass, BoA Platinum Plus, Chase Freedom Unlimited, Chase Amazon, Chase CSP, Chase United Explorer, Citi AA, Sync Lowes, total CL 203k
Message 12 of 29
Dalmus
Valued Contributor

Re: Being sued by HOA. Need help!

This is why I will never (if I can help it) live in a subdivsion with an HOA.

 

As with any debt collection, there are plenty of legal meneuvers for you to do to prolong/fight the process.  For example, you could possibly sue them for filing an imporper lien, failing to follow established HOA procedures for filing liens and bringing legal actions, etc.

 

The problem is an HOA and the Collection Agency have deeper pockets than you, and this isn't the same as fighting a credit card collection.... this is your home.   Get an experienced attorney. 

 

Initial consultations are usually free.  You don't want to depend on pro se tricks and come up against a judge that doesn't think they are cute.

NFCU MR: $25K | Venture: $21K | Amex ED: $18K | NFCU CR: $18K | Amex BCE: $15K | IT #1: $17.5K | PNC Core: $15K | PPMC:  $12K | Wells Fargo: $11K | Savor: 12K | Cap1 QS: $8.5K | Barclays Rewards: $7.75K | IT #2: $7.3K | MLife: $9.5K | Sportsman's Guide: $8.7K | PenFed PR: $5.5K | Elan Plat: $2.3K | TRV: $3.6K | BotW: $3K


Current FICO 8 Scores: EQ: 831| TU: 818 | EX: 809


Message 13 of 29
Anonymous
Not applicable

Re: Being sued by HOA. Need help!


@Dalmus wrote:

This is why I will never (if I can help it) live in a subdivsion with an HOA.


Why?

Pay the HOA fees and a person shouldn't have any issues, right?

Message 14 of 29
Dalmus
Valued Contributor

Re: Being sued by HOA. Need help!


@Anonymous wrote:

@Dalmus wrote:

This is why I will never (if I can help it) live in a subdivsion with an HOA.


Why?

Pay the HOA fees and a person shouldn't have any issues, right?


Oh, if one signs on to the covenant and agrees to pay the HOA, absolutely they should pay their dues.  The OP even said they are all for paying what they owe.

 

My comment was in reference to the fines for not painting his house, how they screwed up the lien and refuse to own up to it and is in effect attempting to extort twice the amount actually owed.

 

I have a general objection to them, though, for many reasons, starting with why should I pay a fee in order to give somebody else the power to decide what I can and cannot do with my own property?  As long as I abide by town/city ordinances, of course.

NFCU MR: $25K | Venture: $21K | Amex ED: $18K | NFCU CR: $18K | Amex BCE: $15K | IT #1: $17.5K | PNC Core: $15K | PPMC:  $12K | Wells Fargo: $11K | Savor: 12K | Cap1 QS: $8.5K | Barclays Rewards: $7.75K | IT #2: $7.3K | MLife: $9.5K | Sportsman's Guide: $8.7K | PenFed PR: $5.5K | Elan Plat: $2.3K | TRV: $3.6K | BotW: $3K


Current FICO 8 Scores: EQ: 831| TU: 818 | EX: 809


Message 15 of 29
CreditInspired
Super Contributor

Re: Being sued by HOA. Need help!


@Anonymous wrote:

@Dalmus wrote:

This is why I will never (if I can help it) live in a subdivsion with an HOA.


Why?

Pay the HOA fees and a person shouldn't have any issues, right?


DITTO!


|| AmX Cash Magnet $40.5K || NFCU CashRewards $30K || Discover IT $24.7K || Macys $24.2K || NFCU CLOC $15K || NFCU Platinum $15K || CitiCostco $12.7K || Chase FU $12.7K || Apple Card $7K || BOA CashRewards $6K
Message 16 of 29
CreditInspired
Super Contributor

Re: Being sued by HOA. Need help!


@Dalmus wrote:

@Anonymous wrote:

@Dalmus wrote:

This is why I will never (if I can help it) live in a subdivsion with an HOA.


Why?

Pay the HOA fees and a person shouldn't have any issues, right?


Oh, if one signs on to the covenant and agrees to pay the HOA, absolutely they should pay their dues.  The OP even said they are all for paying what they owe.

 

My comment was in reference to the fines for not painting his house, how they screwed up the lien and refuse to own up to it and is in effect attempting to extort twice the amount actually owed.

 

I have a general objection to them, though, for many reasons, starting with why should I pay a fee in order to give somebody else the power to decide what I can and cannot do with my own property?  As long as I abide by town/city ordinances, of course.


And this is why I love HOAs. I hate living near someone who feel they can have 100 plastic flamingos in their front yard, or old cars with flat tires in the driveway, or overgrown weeds taller than an adult. Yep, I'll pay the fee gladly.  


|| AmX Cash Magnet $40.5K || NFCU CashRewards $30K || Discover IT $24.7K || Macys $24.2K || NFCU CLOC $15K || NFCU Platinum $15K || CitiCostco $12.7K || Chase FU $12.7K || Apple Card $7K || BOA CashRewards $6K
Message 17 of 29
Dalmus
Valued Contributor

Re: Being sued by HOA. Need help!


@CreditInspired wrote:

@Dalmus wrote:

@Anonymous wrote:

@Dalmus wrote:

This is why I will never (if I can help it) live in a subdivsion with an HOA.


Why?

Pay the HOA fees and a person shouldn't have any issues, right?


Oh, if one signs on to the covenant and agrees to pay the HOA, absolutely they should pay their dues.  The OP even said they are all for paying what they owe.

 

My comment was in reference to the fines for not painting his house, how they screwed up the lien and refuse to own up to it and is in effect attempting to extort twice the amount actually owed.

 

I have a general objection to them, though, for many reasons, starting with why should I pay a fee in order to give somebody else the power to decide what I can and cannot do with my own property?  As long as I abide by town/city ordinances, of course.


And this is why I love HOAs. I hate living near someone who feel they can have 100 plastic flamingos in their front yard, or old cars with flat tires in the driveway, or overgrown weeds taller than an adult. Yep, I'll pay the fee gladly.  


 That's the good side of HOAs. 

 

 There's a dark side, too.  Like when the HOA president runs around with a ruler at 6 am daily measuring people's lawns and then fining them if its 1/8th of an inch over 3.5 (real example).  Or when they fine you because you had a guest over for more than 2 hours who's car was more than 10 years old (also a real example).  Or (my favorite) when they fine you for "performing car maintenance" in view of the street because you woke up to a flat tire and had to put the spare on (was told that  this should have been done by a qualified auto service such as AAA).

 

  I get the appeal to certain people.  Its just not for me.

NFCU MR: $25K | Venture: $21K | Amex ED: $18K | NFCU CR: $18K | Amex BCE: $15K | IT #1: $17.5K | PNC Core: $15K | PPMC:  $12K | Wells Fargo: $11K | Savor: 12K | Cap1 QS: $8.5K | Barclays Rewards: $7.75K | IT #2: $7.3K | MLife: $9.5K | Sportsman's Guide: $8.7K | PenFed PR: $5.5K | Elan Plat: $2.3K | TRV: $3.6K | BotW: $3K


Current FICO 8 Scores: EQ: 831| TU: 818 | EX: 809


Message 18 of 29
CreditInspired
Super Contributor

Re: Being sued by HOA. Need help!

Wow! I’ve purchased in 3 places that had either condo or HOA fees and never seen/heard anything like your real examples. Now those can get someone’s butt kicked. 😆 Definitely sounds like a HOA President gone amok.

You’re right—always a good side and a bad

|| AmX Cash Magnet $40.5K || NFCU CashRewards $30K || Discover IT $24.7K || Macys $24.2K || NFCU CLOC $15K || NFCU Platinum $15K || CitiCostco $12.7K || Chase FU $12.7K || Apple Card $7K || BOA CashRewards $6K
Message 19 of 29
Dalmus
Valued Contributor

Re: Being sued by HOA. Need help!

I realize most are not like that. I'm sure there is only one Mr. Stangle - HOA President in the world (hopefully!). Lol

But once bitten, twice shy as the saying goes. I don't get the flu shot for the same reason... The two times I've gotten a BAD case of the flu were the years I got the shot.

I'll bet if I lived somewhere nice and then somebody moved in next door and turned their house into something the Munsters would love, I'd wish there was an HOA. Lol

NFCU MR: $25K | Venture: $21K | Amex ED: $18K | NFCU CR: $18K | Amex BCE: $15K | IT #1: $17.5K | PNC Core: $15K | PPMC:  $12K | Wells Fargo: $11K | Savor: 12K | Cap1 QS: $8.5K | Barclays Rewards: $7.75K | IT #2: $7.3K | MLife: $9.5K | Sportsman's Guide: $8.7K | PenFed PR: $5.5K | Elan Plat: $2.3K | TRV: $3.6K | BotW: $3K


Current FICO 8 Scores: EQ: 831| TU: 818 | EX: 809


Message 20 of 29
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.