HOA dues never collected / paid for 5yrs--Nevada

[superd66]

I am sending this on behalf of my Mom a resident of Las Vegas NV.

She has been living in her condo complex since 2001 and has never paid the HOA dues since closing. After purchase she never received a payment book etc.. She contacted the board president to report the problem, nothing happened, she later contacted the property management company to tell them that she has not received a payment book and wanted to make her payments, they said they would resolve the issue. She met with the management company to again tell them of the problem and even contacted the management companies corporate HQ to tell them of her issues. Still nothing. She also took time of work to atend the Association meeting where she again stated for the record that she was not being billed for her dues. In the interim, she has refi'd the condo twice, passing escrow and title with no liens.

She never received a late notice or past due notice or a letter of judgment in the 5 years she has lived there. Now 5 years later they have done an internal audit and discovered the lack of dues payment and sent her a letter requesting payment of almost 7000.00 for past HOA dues.

She has documented dates and times of phone calls and meetings. Does she have any recourse. Is there a statute of limitations for collections of this debt since they did not act on it for 5 years and it past escrow / title twice?
Her HOA manual mentions a 3 year time frame for acting on a lien and it also has a clause for waivier of HOA dues. would their actions constitute a waiver?

any help / ideas would be appriciated

Thanks
Darrin

[seniorjudge]

Originally Posted by superd66

I am sending this on behalf of my Mom a resident of Las Vegas NV.

She has been living in her condo complex since 2001 and has never paid the HOA dues since closing. After purchase she never received a payment book etc.. She contacted the board president to report the problem, nothing happened, she later contacted the property management company to tell them that she has not received a payment book and wanted to make her payments, they said they would resolve the issue. She met with the management company to again tell them of the problem and even contacted the management companies corporate HQ to tell them of her issues. Still nothing. She also took time of work to atend the Association meeting where she again stated for the record that she was not being billed for her dues. In the interim, she has refi'd the condo twice, passing escrow and title with no liens.

She never received a late notice or past due notice or a letter of judgment in the 5 years she has lived there. Now 5 years later they have done an internal audit and discovered the lack of dues payment and sent her a letter requesting payment of almost 7000.00 for past HOA dues.

She has documented dates and times of phone calls and meetings. Does she have any recourse. Is there a statute of limitations for collections of this debt since they did not act on it for 5 years and it past escrow / title twice?
Her HOA manual mentions a 3 year time frame for acting on a lien and it also has a clause for waivier of HOA dues. would their actions constitute a waiver?

any help / ideas would be appriciated

Thanks
Darrin

The HOA's stupidity does not relieve your ma of paying her bills.

[HomeGuru]

I agree, it is up to the HOA member to inquire and pay the dues.

[superd66]

I agree that it is something that should have been handled. My mom pursued trying to pay but to no avail or response from the property management co.

Is there not a SOL for time barred debts in Nevada as their is in most other states??

Doesn't a business or HOA have a legal obligation to inform the owner in a timely manner of a debt owed?? Or can a business go back in time 3,5,10,20 or even 30 years an asses an individual for an error that it committed??

The fact that the association and the property management co. signed off on the refi and the title insurance showed no outstanding liens or late payments shouldn't that then mean that she only owes from the date of the last refi??

Thanks
Darrin

[HomeGuru]

Originally Posted by superd66

I agree that it is something that should have been handled. My mom pursued trying to pay but to no avail or response from the property management co.

**A: she did not try hard enough.

*********

Is there not a SOL for time barred debts in Nevada as their is in most other states??

**A: there is no sol for HOA dues in this case. Read the CC&R's and then read it again.
******

Doesn't a business or HOA have a legal obligation to inform the owner in a timely manner of a debt owed?? Or can a business go back in time 3,5,10,20 or even 30 years an asses an individual for an error that it committed??

**A: see above.
*******

The fact that the association and the property management co. signed off on the refi and the title insurance showed no outstanding liens or late payments shouldn't that then mean that she only owes from the date of the last refi??

**A: no.
********
Thanks
Darrin

**A: stop living in a land of fairy tales and face reality. There is more to this story but we do not need to hear it.

[LindaP777]

As long as the HOA is not charging your mom penalties and late fees, tell her to just pay it. I'm sure she was dutifully putting HOA fees aside, knowing one day it would be worked out, so just turn over what is theirs. It was a mistake - an oversight and your mom knows it, that's why she made all the phone calls. (Sorry to sound harsh, but quit trying to get something for nothing! It's not very becoming of you! It makes you sound cheap.)

[HomeGuru]

Originally Posted by LindaP777

As long as the HOA is not charging your mom penalties and late fees, tell her to just pay it. I'm sure she was dutifully putting HOA fees aside, knowing one day it would be worked out, so just turn over what is theirs. It was a mistake - an oversight and your mom knows it, that's why she made all the phone calls. (Sorry to sound harsh, but quit trying to get something for nothing! It's not very becoming of you! It makes you sound cheap.)

**A: the HOA rules.

[ENASNI]

Originally Posted by HomeGuru

**A: the HOA rules.

There has been a rash of posts where people are saying they are not paying their bills because... um... nobody told them they were due.


I sure wish the world worked that way I would never answer my phone or check the mail.


We would all be [URL="These"][URL="http://waltonfeed.com/pic/ostrich.gif"]These[/URL][/URL]

[HomeGuru]

Originally Posted by ENASNI

There has been a rash of posts where people are saying they are not paying their bills because... um... nobody told them they were due.


I sure wish the world worked that way I would never answer my phone or check the mail.


We would all be [URL="These"][URL="http://waltonfeed.com/pic/ostrich.gif"]These[/URL][/URL]

**A: good one. And these people that live in HOA property should read their recorded CC&R's.

[superd66]

The HOA stated in a letter to my mom, drafted by a paralegal that they were going forward with filing a lien agains my mom's condo. This is the day before she was paying the full 7000.00 amount as she had told them she would. She took a draft against her 401K and was waiting the bank required 10 days for the check to clear after which she was paying the full amount due.

My Mom visted witha local Attorney to find out her options but was still somewhat confused after the meeting so she was still planning to pay the full amount. During the meeting with the attorney he called the mgt. co to ask a question, no one answered so he left a message stating who he was and what it was regarding. This phone message prompted the Assoc. to send the letter to my mom about the lien, I believe in retalition for her seeking counsel. (If they had just waited they would have been paid)

One day after the meeting she recieved and the attorney (who had not been retained) recieved a certified letter from the HOA that they were going forward with a Lien and tacking on another 595 for legal / administrative fees scared the bejesus out of her, and confused her since she had told the mgt co that she would be making a full payment the following day.

Rather then making a payment she took my adivce and retained an attorney of her own, who immediattley calmed her, and told her that no the could not demand immediate payment for the full amount etc.. He drafted a letter advising that he was her attorney of record etc and that she would not be paying and for all correspondence to go through him and their attorney not a paralegal.

Long story short they are only collecting 3 years of dues instead of the 6 and the assoc. is paying her attorney fees and apologizing for her distress in this matter. Additionaly the assoc is admitting fault for inadequate audits and failing to follow-up on the requests made by mom to get billed.

Use the boards as a ref. but if you have a real issue, part with a little bit of money to get an actual legal opinion in your jurisdiction.

Thanks
Darrin