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A homeowners association does not have the authority to garnish wages. Garnishment of wages can only be conducted by a court order, typically in cases involving unpaid debts. However, homeowners associations may have the ability to place a lien on a homeowner's property or pursue legal actions to collect unpaid dues or fines.
No. A HOA is not considered a business.
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.
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Owners are responsible for assessments and owe these debts to the association/ corporation. If unpaid, the association can bill the owner, file a lien against the owner's title or take other collection action. Association counsel is best involved in this action, since an inappropriate or poorly filed lien can be used by the debtor to escape payment. Otherwise, associations cannot 'collect' money' from owners.
Your question sounds like there was an original HOA, which was superseded by a new HOA.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.
In any state, an association can file a lien on a property, usually as a last resort, in order to collect unpaid monies owed to the association by the owner. Read your governing documents to determine the steps the association must take in advance of filing a lien -- the owner is owed due process -- and these steps are set out there. When it's appropriate, work with your association-savvy attorney to file the proper type of lien on the title for the amount owed, including interests and fees.
You need physical proof of fraud, which you can collect from the business records of the association if you are an owner. Then, take your evidence to an attorney who specializes in common interest communities -- your local Community Association Institute can offer you names of local professionals -- and be willing to pay for a consultation to determine whether or not you have a legal case against the association. If you are a vendor, you can start with the attorney general in your county, with evidence of the fraud you allege. Those professionals can direct you to the property adjudicating authority.
The number of years a homeowners association (HOA) can collect dues depends on the specific laws and regulations in the jurisdiction where the HOA is located. In some states, there may be a statute of limitations that limits the number of years an HOA can collect dues, typically ranging from 3 to 10 years. However, it is recommended to consult with a lawyer or review the governing documents of the HOA to determine the exact time frame for collecting dues.
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Washington law 64.38 addresses special assessments by homeowners associations. This law requires that any special assessment be authorized by the association's governing documents and that notice be provided to all homeowners. The law also establishes procedures for challenging special assessments and provides remedies for nonpayment of assessments.
If you want to collect the depreciation your insurance company withheld from your claim payment you must make the repairs to your home. After you make the repairs contact your insurance company and they should issue a check for the depreciation.