What is the name of your state? California
A homeowner in our association has refused to pay his assessments for over a year. His states his reason as never having recieved an invoice from the management association. He suspects that the previous owner had his mail forwarded to his new address and thereby never received an invoice. To further complicate matters, the management company was not aware of the change of ownership for over 6 months. The homeowner has subsequently refused paying his back assessments because of the penalty and interest attached to his balance. The management company has since turned this over to a collections agency who has filed a lien and started foreclosure proceedings. The homeowner in question is now threating to sue the management company, Board and HOA.
My question is, does this homeowner have a strong case if he is being truthful and did not recieve assessment invoices from the management company for over 6 months or is the burden of responsibility on him to know that he must pay his HOA assessments regardless of whether he recieved invoices? One would think that he recieved full disclosure reagrdign the HOA and required assessments when he purchased his home.
Thank you in advance for your help in this matter.
A homeowner in our association has refused to pay his assessments for over a year. His states his reason as never having recieved an invoice from the management association. He suspects that the previous owner had his mail forwarded to his new address and thereby never received an invoice. To further complicate matters, the management company was not aware of the change of ownership for over 6 months. The homeowner has subsequently refused paying his back assessments because of the penalty and interest attached to his balance. The management company has since turned this over to a collections agency who has filed a lien and started foreclosure proceedings. The homeowner in question is now threating to sue the management company, Board and HOA.
My question is, does this homeowner have a strong case if he is being truthful and did not recieve assessment invoices from the management company for over 6 months or is the burden of responsibility on him to know that he must pay his HOA assessments regardless of whether he recieved invoices? One would think that he recieved full disclosure reagrdign the HOA and required assessments when he purchased his home.
Thank you in advance for your help in this matter.