How Do I Defend a lawsuit for dues and fees filed by a Homeowner's Association?
Full Question:
We are late paying this year's homeowner's assn. fee. We called and were told we were ok as long as it was paid by the end of the year. Now we get a summons to appear in court which includes not only the hoa fee with interest but also attorney and process server fees. What options do we have? Can we just pay the hoa fee? Do we have to go to court? Do we have to pay the other fees?
06/17/2011 |
Category: Real Property ยป Homeowner's ... |
State: Maryland |
#25046
Answer:
A lien may be placed on the property for overdue HOA fees. An assessment lien form is typically used by a homeowner's association to place a lien against a homeowner for unpaid dues. Also, many Homeowner Association Declarations include provisions for charging interest on any upaid dues or assessments. The Declaration may also provide for attorneys fees if the Association is successful in proving their claim.
Since any court action would have specific time deadlines to follow and avoid default, it would be recommended that you discuss the matter with a local attorney experienced in real estate law.
If you need assistance locating an attorney, you may wish to visit our attorney directory.
