Homeowner association

I have a extreme case of COPD stage 4, no longer physically able to work, 24 hours a day on oxygen machine, the only income that I have is disability. Almost lost my home, had to get my home loan modified to suit my income. I received a certified letter yesterday from my home owner association stating that they will suspend my parking privileges because I am unable to pay my homeowners monthly fee. I lived in this home for over 20 years. What can I do to avoid this action of suspension?

Asked on May 18, 2018 under Real Estate Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, assuming this action is allowed in the HOA documents, etc., your only recourse here is to pay the back HOA fees. There is no equivalent remedy such as there is with a mortgage modification. Perhaps, however, you can make re-payment arrangements so as not to have to come up with a lump sum payment.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can pay your fees: that's the only way to prevent the HOA from suspending priviliges like parking (assuming that the HOA by-laws and other governing documents give them that power in the first place, or making parking or other privileges dependent on being current on fees--the HOA only has the power given it in the documents setting it up and government it).
The HOA may also be able to put a lien on your property for the fees, again if the government documents permit this.

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