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Old 03-24-2009, 09:56 PM
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Join Date: Mar 2009
Posts: 1
Angry

Remove HOA Lien


What is the name of your state (only U.S. law)?

Colorado

I had some tough times in 2006 and got behind in my HOA payments. As a result, they put an Assessment Lien on my unit. I have been making an extra payment every month to pay the amount past due. So far, I've made 14 extra payments and I originally calculated that I was 18 months behind. I'm in a position where I can pay off whatever the remaining amount is. Thing is, I can't get them to tell me how much!! I want an exact figure so I can pay it off and get rid of the lien.

I read one of the Colorado statutes that says if I send a certified, first class letter with return postage requesting the amount, that they have to deliver in writing the amount I owe within 14 days or forfeit the amount on the lien. I did this and they did not respond. Yay me!!! That's > $600 (the amount on the lien) back in my pocket, right?

The attorney for the HOA has not returned a single phone call. I've left several voice messages during business hours. I've given my home phone and cell phone, yada yada... The HOA just tells me to talk to the attorney. They flat out refuse to tell me how much I owe. I'm sick of everyone's negligence at my expense.

My question is now, How do I get the lien removed? Is there a form? Do I have to file a lawsuit against the HOA in small claims court? Do I send a cease and desist letter to the attorney? I called the clerk of courts and although they were concerned at the negligence of the attorney's office, the gal had no idea about how to get the lien removed.
  #2  
Old 03-25-2009, 05:13 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by danerenberg View Post
What is the name of your state (only U.S. law)?

Colorado

I had some tough times in 2006 and got behind in my HOA payments. As a result, they put an Assessment Lien on my unit. I have been making an extra payment every month to pay the amount past due. So far, I've made 14 extra payments and I originally calculated that I was 18 months behind. I'm in a position where I can pay off whatever the remaining amount is. Thing is, I can't get them to tell me how much!! I want an exact figure so I can pay it off and get rid of the lien.

I read one of the Colorado statutes that says if I send a certified, first class letter with return postage requesting the amount, that they have to deliver in writing the amount I owe within 14 days or forfeit the amount on the lien. I did this and they did not respond. Yay me!!! That's > $600 (the amount on the lien) back in my pocket, right?

The attorney for the HOA has not returned a single phone call. I've left several voice messages during business hours. I've given my home phone and cell phone, yada yada... The HOA just tells me to talk to the attorney. They flat out refuse to tell me how much I owe. I'm sick of everyone's negligence at my expense.

My question is now, How do I get the lien removed? Is there a form? Do I have to file a lawsuit against the HOA in small claims court? Do I send a cease and desist letter to the attorney? I called the clerk of courts and although they were concerned at the negligence of the attorney's office, the gal had no idea about how to get the lien removed.
**A: yes, take them to court.
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