Ask Me Help Desk - HOA lien

I have rental property and I have just found out that my property has a lien on it from the HOA association.

I have owned this house for 7 years... and received bills and paid the dues until 2005. At that time, I got a divorce and totally forgot about the HOA fees... in fact, I thought they had disbanded...

Now, I find out that they did not even try to find me, even though the collection agency was able to find me. I have no problem at all paying the fees. Why would I not want to? This is protecting my investment. However, I feel they are bullying me because the management company changed and the invoices did not reach me, and they didn't try. I have since found out that they were sending the bills to a former tenant that moved away from this house 5 years ago! My current tenant, bless her heart, is a grandma that has just enough common sense to pay her rent and utilities. I found since she had been returning the letters to sender because she did not know the name on the envelope. She would have gotten me any mail that came to the house if they had been addressed to me.

So, there is a lien on the property for $1063, however, the annual fees are $121 so it comes to $363 that is unpaid since 2005. Like I said, I have NO problem paying what I owe. Also, if I had gotten the bills, it would have never gone to collection.

What are my options to get this cleared up?

Quote:

Originally Posted by dciucci690

I have rental property and I have just found out that my property has a lien on it from the HOA association.

I have owned this house for 7 years...... and received bills and paid the dues until 2005. At that time, I got a divorce and totally forgot about the HOA fees........ in fact, I thought they had disbanded.........

Now, I find out that they did not even try to find me, even though the collection agency was able to find me. I have no problem at all paying the fees. Why would I not want to? this is protecting my investment. However, I feel they are bullying me because the management company changed and the invoices did not reach me, and they didn't try. I have since found out that they were sending the bills to a former tenant that moved away from this house 5 years ago! My current tenant, bless her heart, is a grandma that has just enough common sense to pay her rent and utilities. I found since she had been returning the letters to sender because she did not know the name on the envelope. She would have gotten me any mail that came to the house if they had been addressed to me.

So, there is a lien on the property for $1063, however, the annual fees are $121 so it comes to $363 that is unpaid since 2005. Like I said, I have NO problem paying what I owe. Also, if I had gotten the bills, it would have never gone to collection.

What are my options to get this cleared up??

Probably paying it - what does your HOA agreement say about fees, interest, Attorney's fees on late payments - ?

I'm a little confused that the current tenant didn't recognize your name - or at least your last name - on mail and returned it to the sender - ?

I'm sorry I didn't make that part clear... the current tenant would definitely recognize my name... however the envelope was addressed to the tenant that lived there before she did. It wasn't addressed to me.

Your only choice is to pay it in full or to work out a deal with the management company for a lower amount ( in writing) for a lower amount. The higher amount would have been legal and court fees most likely. You can ask them for a detailed reason for the amount.
But at this point they have a lien and the only way to remove it will be to pay it in full or to an agreed to sum.

Quote:

Originally Posted by dciucci690

I'm sorry I didn't make that part clear........... the current tenant would definitely recognize my name.......... however the envelope was addressed to the tenant that lived there before she did. It wasn't addressed to me.

Well, I'd check the HOA agreement/contract you have with them - they certainly knew you didn't transfer ownership so I'd use the mail addressed to a tenant as a bargaining chip if you want to TRY to challenge the lien.

I'm sure you admit that that makes little or no sense whatsoever.

Now, if you were required to keep them informed of a new address, well, then you are partially at fault but I don't see that that allows them to bill a tenant when they know you're the actual owner.

Thank you again. As I keep my bills current... and have no bills other than this mortgage and the mortgage on the home I live in... I am not familiar with dealing with a collection agency. I do listen to Dave Ramsey and I see that I will have to put my argument in a letter, submit it and be willing to settle. I'm not sure if I actually said this before... but I was in touch with the management company before this one, they had my address and information. Why it didn't get transferred... they even had the wrong name of the person that lived in the house... it really doesn't make sense since the current tenant has been in the house 2 years before this management company took over... As a separate matter... I don't want to make the case worse for myself... but it looks like someone wasn't doing her job at the management company... is it possible to go up the ladder there?

Quote:

Originally Posted by dciucci690

I don't want to make the case worse for myself......but it looks like someone wasn't doing her job at the management company........ is it possible to go up the ladder there?

Hello d:

Absolutely! I think you make a great case. They want their money. A lien on your property won't get them money NOW. I believe you can negotiate a much lower payment than they're demanding. From your demeanor here, I think you're perfectly capable of doing it yourself, too.

If you don't get anywhere playing nice, send them a certified letter outlining their incompetence, and telling them that you're going to sue THEM to get the lien removed.

It's about leverage and your negotiating skills. I think you have both.

excon