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Association Fees? |
I have lived in my home since November of 2000. A month ago, I received a letter from an attorney assessing $1,300.00 in unpaid associate fees to my property. I did not even know that there was an association associated with my subdivision. I was 21 when I got this house under stressed circumstances, I had no clue what I was doing and no real guidance. All of these years, I have not gotten one letter from this association, but now they are threatening to put a lien on my house, what can I do? I don't live in a HUD home you presumptuous jerk. The document that gives the Association authority to assess fees can be called by different names, depending on the State, but it's often called the Declaration or the Declaration of Covenants, Conditions and Restrictions (CC&Rs) or the Master Deed. In any event, if that document was recorded in the County Clerk's office before you took title to the property, you will be on the hook for the assessments. The vast majority of such documents (and most state laws) also provide that you must pay attorney fees if the Association has to take you to court to collect. I agree that it's bad business on their part to let it go this long without at least a letter, but legally it won't change the picture for you. The best thing to do, is to go to a meeting or otherwise contact the Association and see what kind of a deal you can work out. They may be willing to waive some late fees or interest, or at least give you a payment plan to pay it out over a period of time. The worst thing you can do is to ignore it, the attorney will sue, and that will cost you big dollars. Good luck. By the way the HUD statement has nothing to do with living in HUD housing. Every house closing involves a HUD-1 disclosure which explicitly states who is paying what to whom. Report It You should have been told about these fees at your closing. If not, then you may have a case. If so, then you are required to pay them. 7 years for $1,300 isn't really too much for association fees. You should find out who the association president is and make sure this is legitimate, though. There may be interest added to the total amount that you might be able to get removed if you explain the situation. I would ask a neighbor about this to make sure it is legit. If it is you should have been told about this at closing, but you still owe the association regardless. It isn't their fault that your attorney dropped the ball there. They will probably be willing to work with you on payments if the full amount is more than you can handle. You are required to pay the fees whether you were actually told about them or not. Buyer beware. ignorance is no excuse. I am sure it is on either your HUD statement and or in your deed.l If you want to be an adult you must take respnsibility for things. Step up to the plate. Explain that your brother has some issues (why he is alone and gathering the mail.....while you are out of town is another ?) and you just found the letter and were unaware of an association; ask if you can make installment payments...they probably will say yes. By the way, those fees are really cheap..most associations run $500 - 5000/per year.....You are paying your property taxes right? |
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