What to do if my HOA had never contacted me about any past due fees but just sent a letter of foreclosure?

I advised HOA that we were moving out of the country, would be renting out the home, and our management company contact info. I did forget to give them a forwarding address, but they had my phone and email info. Then 3 months later, my renters received a foreclosure notice from the HOA. HOA dues of under $500 was not received. The HOA lawfirm want payments of over $1500 to avoid foreclosure. I told them I would pay the overdue fees and pay 1 year in advance but not the legal fees. They refused. HOA didn’t call or email me for payments, not once. How can I fight this?

Asked on July 17, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would send a letter to the HOA for the amount that you believe you owe as payment in full with a letter accompanying such stating your reasons for not paying the attorney's fees.

I suggest that you may reconsider about not paying the attorney's fees demanded because you do not want to have to deal with a lien issue with the HOA. You can pay what is demanded in full "under protest" and then sue the HOA in small claims court for the amount you believe you over paid.

That would be the safest way to try and conclude this dispute.


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