Unpaid Homeowner Association Fees? Seek Legal Advice

Posted by rksingh24 on December 15th, 2020

It is commonly known that the homeowners’ associations depend on the assessment to cover the expenses of everything. So, if some people do not pay their assessment on time, it can affect the quality of life for the tenants and property value. Get in touch with a real estate lawyer Alexandria has to offer. He will provide all the basic information that you need to know to get everything on track.

Expenses that Rely on Homeowner Association Fees

Commonly known as the maintenance fees; it is charged by the association to tenants when they purchase a property in a particular community. The regular payment of maintenance fees covers all the basic expenses. These fees also cover increased operational costs and the addition of amenities. It is charged on a monthly, quarterly, or yearly basis. A lot of expenditures are covered in these maintenance fees like –

•  Common areas like playground, tennis courts, dog parks, and swimming pools
•  Health and sanitation like recycling, trash removal, and pest control
•  Property tax
•  Insurance premiums and policies
•  Salaries of contractors
•  Groundskeeping work such as the installation of sprinkler, lawn care, and community park landscaping
•  Seasonal maintenance such as plowing, leaf blowing, salting, and snow removal
•  Bundled utilities like cable TV services and community internet

Ways to Collect Unpaid Assessment Through Legal Methods

A lot of tenants forget and fail to pay their assessment on time. This not only raises tension in the community but also increases their overall cost. In this case, a legal advisor can make sure that the assessment is paid on time through professional collection methods. Let’s find out the collection matters in which an attorney can help you –

1. Comply with Federal law: Debt collectors and community associations can collect the fees only with the action are compliant with FDCPA. If the association violates any of these provisions, the homeowner can sue you and you will not receive any payment.
2. Calculation of Appropriate Payment: If your tenant has a default payment, the amount of assessment owed to the association will be higher. In this case, the HOA may be given the right to charge interest on the due payment, collection cost, late fees, and attorney’s cost.
3. Adhere to the Bylaws: If an action is not authorized by the bylaws of an association, they cannot take it. So, it is important to make sure that the association’s duties are outlined in the documents.
4. Enforce a Lien: An HOA can place a lien on the property of the homeowner to make sure that the payment is transferred. A lien can be enforced if the homeowner received a written notice 10 days before it.
5. File Suit: The board can file a civil lawsuit to obtain the fees for a late fee, assessment, attorney’s fees, and other payments.

Langevin lawyers work in full force to help you obtain the assessment from the tenants. If you are stuck in a similar situation, contact us today! We will help you out without wasting any time.