What to do if my HOA is currently threatening to place a lien on my house for dues owed for the past 6 years?

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What to do if my HOA is currently threatening to place a lien on my house for dues owed for the past 6 years?

I know I’ve paid all but the current year’s fees, but have no receipts and they claim they have no record of receiving them. Until now, I haven’t received any notice of owing these past due amounts. I imagine I will end up re-paying the dues (and keeping better receipts). In an effort to reduce the amount I’m paying, what is the statute of limitations on collecting this money? Surely it can’t be 6 years. Additionally, I’ve searched, but cannot find anything on the internet defining my state’s HOA laws (other than condo, I have a house), are there any?

Asked on October 20, 2012 under Real Estate Law, Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The statute of limitations for money owed either through a breach of a written contract or a common counts cause of action is generally four (4) years from when the breach occurred.

With respect to monies that you paid presumably by check for HOA dues, I would contact your bank and ask for copies of the past checks over the years for you to produce to the HOA showing payment. As to amounts owed, I would try and work a payment plan in writing with the HOA to try and resolve the dispute.


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