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Depends - you need to know if your state allows corporations, associations and such (whatever kind of entity your HOA is) to represent themselves in court. Illinois, for instance, does not. Otherwise, if your state says it's ok, well, there's another maxim: "a lawyer who represents himself has a fool for a client".
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What recourse does homeowners association have to collect late fees?
A homeowners' association may file an assessment lien against the delinquent properties. Since HOA liens are quite complicated, I suggest that the HOA consult a qualified real estate attorney right away. Unpaid HOA liens can result in foreclosure--see your attorney for details.
How do you close an hoa after foreclosure of development?
Best practices dictate that you engage the services of an association-savvy attorney to help you 'clean up' the legal status of this land development situation.
Can a self managed HOA seize a car owned by a unitowner to pay off the 3500 dollars owed the HOA in delinquent dues as the unit is in foreclosure by the mortgage holder?
If the association wants to be accused of criminal theft, sure. To take the car the legal way, first, the association must file a lien against the delinquent unit. If the lien remains unpaid, then the association can file a lawsuit against the unitowner, unit, bank (as lienholder), and any subsequent purchaser of the unit for foreclosure of the lien. Fortunately for you, HOA dues are superior to any mortgage, lien, or deed of trust against the unit, so no matter what, the association will get paid. In the unlikely event the unit would not sell at auction for the association's foreclosure judgment amount, including attorney fees and court costs, the association could execute on the vehicle of the debtor/unitowner. I suggest consulting with a real estate attorney right away (see one who gives free consultations).
What type of lien should a homeowners association file for overdue fees?
A homeowners' association would file a labor and materials lien entitled Assessment Lien. See the HOA covenants for more information on liens. I would recommend that the HOA retain a real estate attorney to prepare and file the liens.
Is there anytime an HOA cannot file a lien?
It would be improper for an HOA to file a lien if there is no legal reason to file such a document.
Our HOA has given 45 days notice to owner to pay dues are there forms available to HOA to file lien in Okaloosa county?
A lien form varies from state to state. In addition, there are specific requirements which must be followed for filing liens. To avoid any unnecessary, costly litigation, resulting from errors in preparing and filing the lien, I strongly advise the HOA to retain an attorney to file any necessary liens. Also keep in mind that attorney fees can be collected in addition to the lien amount (in most states), so the HOA will not pay any attorney fees out of pocket once the lien has been paid.
Can you file bankruptcy on a HOA?
Yes.
You surrendered your home in bankruptcy The discharge was in March 09 The HOA says you are still liable for the dues until foreclosure is complete Do you have to pay and can they put on credit report?
Best practices dictate that you work with your bankruptcy attorney to answer your questions specifically.
Where do you record a Lien for HOA Assessments gt filed in San Diego?
Best practices dictate that you work with the association attorney to prepare and file any lien on the part of an HOA. An improper lien, or an improper filing of a lien can be used by the owner to escape the action.
In Sarasota County Florida does your HOA need to use an attorney to file assessment liens?
HOA boards are populated by volunteers, who may be knowledgeable -- or not. Best practices dictate that boards work with association counsel to file liens against owners for past-due assessments. Improper liens and improperly filed liens give owners an out.
Your disabled child can't get into pool because the HOA will not comply with the provisions of the American With Disabilities Act by making the pool accessible. What can you do?
You need to consult with an attorney who specializes in representing people with disabilities and special needs. That attorney must review all the details, review your child's needs and assess the HOA's obligations under the Act. She can explain your rights and options. You may be able to require that the HOA pay your attorney's fees.You need to consult with an attorney who specializes in representing people with disabilities and special needs. That attorney must review all the details, review your child's needs and assess the HOA's obligations under the Act. She can explain your rights and options. You may be able to require that the HOA pay your attorney's fees.You need to consult with an attorney who specializes in representing people with disabilities and special needs. That attorney must review all the details, review your child's needs and assess the HOA's obligations under the Act. She can explain your rights and options. You may be able to require that the HOA pay your attorney's fees.You need to consult with an attorney who specializes in representing people with disabilities and special needs. That attorney must review all the details, review your child's needs and assess the HOA's obligations under the Act. She can explain your rights and options. You may be able to require that the HOA pay your attorney's fees.
What form do you use to file a lien for unpaid HOA dues in Texas?
Best practices dictate that you work with the association's attorney to identify the proper lien to file, and to follow the process required to file such a lien. An improper lien, filed improperly will give an owner an 'out'.
