Send a copy of your payment evidence to the board by certified mail and request that they correct their records.
If the board continues to pursue you, find a common interest community-savvy attorney, and take your evidence into a meeting with the attorney, then request that the attorney send a letter to the board.
You can find the answer you want in your governing documents.
Short answer is yes - any lien can eventually force the sale of property but it varies by state law, & usuall takes 6-9 months before an actual foreclsure is done.Another AnswerYes, if by 'late payment fees' you mean the extra, penalty amounts added to your assessments which you have not paid, even though you've paid your assessments.Foreclosure in the case of non-payment of assessments is the final and most drastic step that the HOA can take to collect the money you owe. You can read about the HOA's responsibility to collect these monies in your governing documents. You can also read about the penalties that accrue on the past-due amounts.Your question sounds like you've been struggling against paying the money you owe for a time, and it's simply the excess, penalty amounts that are in dispute. If you want to protect your investment and keep your home, you are well advised to pay the late payment fees, and continue to pay your assessments on time.
The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.
While it is possible to write up a statutory lien form based on your state's laws, I don't recommend it. Any mistakes or omissions you make will cost the HOA thousands of dollars in attorney fees. Therefore, the best way is to contact a real estate attorney in your area and let him or her do the work. In addition, most states allow HOA's to collect attorney fees from homeowners who haven't paid their dues, so odds are the attorney won't cost the HOA a penny (once the lien has been paid).
Your question sounds like there was an original HOA, which was superseded by a new HOA. Every HOA collects assessments to operate the community, and as an owner, your governing documents define your responsibilities to pay and the association's responsibilities to collect assessments. The new HOA has its own form of assessments, regardless of the form of assessments paid to the original HOA.
It's recommended to reach out to your insurance provider as soon as possible to explain the situation. Most insurance companies are understanding of minor delays and may work with you to ensure your policy stays active. However, there is a possibility of being charged late fees or facing policy cancellation if no action is taken.
HOA fees are based on a variety of things. The management association bidding to run an HOA determines the hard costs of things like utilities, landscaping, pool maintenance, administrative costs like attorney fees, billing and postage plus any other required overhead. They then add on their profit margin for servicing the account. The profit figure will be whatever the local market will bear and there is a huge variation between regions. In some areas the fees have become so onerous that the actual homeowners are taking over their associations and managing it themselves. This works well in small subdivisions.
State laws are different on this topic. Your governing documents and the state law may prioritize HOA assessments above the recovery rights of a lender at the time of foreclosure, for example, or not. The lien may cover six months' worth of assessments, or more. In direct answer to your question: Yes. The maximum amount that can be recovered with a lien is the amount owed, plus whatever late fees, attorney's fees, and other fees involved in recovering the payment.
Association assessments are paid by the owner of record. If your name remains on the deed, you owe assessments.In most cases, the homeowner or unit owner is responsible for paying the HOA fees prior to the foreclosure. Once the lender takes legal possession by foreclosure no further fees are added to the amount due but the HOA can pursue payment of the past due amount. In Florida, an HOA can go after a homeowner for past due fees even after the bank has foreclosed by using the process used for a 'deficiency judgment'.
HOA fees are generally not tax deductible for individual homeowners. The Internal Revenue Service (IRS) considers HOA fees as assessments for the maintenance and upkeep of common areas and amenities. However, there could be some situations where a portion of the fees might be deductible, such as if the HOA is designated as a nonprofit organization and the fees are considered charitable contributions. It is advisable to consult with a tax professional for accurate and personalized advice.
A local realtor can give you the answer you seek.
Your governing documents document collection procedures and those should be followed first. Given no response by the owner, you may need to pursue the HOA's legal options. I suggest that the HOA work with its attorney and file liens against the delinquent properties. That way, this clouds the title, making it difficult for the delinquent homeowners to refinance or sell their homes. Also, HOA liens can be foreclosed in most states, even above mortgages, so the HOA is basically guaranteed payment. This process is documented in your governing documents. Remember that since the HOA covenants and/or state law give the HOA the right to collect attorney fees in case of homeowner default, the cost of the transaction will eventually be paid by the owners.