• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

HOA claims dues were not paid for 6 years.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

hoa-blues

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

I own a house, which is currently being rented, in a HOA governed subdivision. I lived in this house for close to 8 years after buying it brand new. We have a $300 yearly dues per house for the upkeep and maintenance of community pool. So far so good. I just received an email from HOA president that I have not paid my dues for the last 6 years and with the weekly interest charges and everything, I owe them more than half the value of the house I own. I don't even have that much equity in the house but it is a different matter.

My bank allows me to download last 18 months worth of payment history. If I want anything beyond that, I have to pay for them and I don't know how older of a record they keep about my account. I know I am late for this year, due to a conflict between the management company and myself but anything before that has been paid, although proof would be a little hard to come by.

do I have to show them proof that I actually paid these in the past and they never sent me a receipt ? Or isn't it the HOA president's duty to collect these fees timely and let people know if they are late in a reasonable amount of time, not like 6 years and hit them with an exorbitant fine?

What are my options here ?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? GA

I own a house, which is currently being rented, in a HOA governed subdivision. I lived in this house for close to 8 years after buying it brand new. We have a $300 yearly dues per house for the upkeep and maintenance of community pool. So far so good. I just received an email from HOA president that I have not paid my dues for the last 6 years and with the weekly interest charges and everything, I owe them more than half the value of the house I own. I don't even have that much equity in the house but it is a different matter.

My bank allows me to download last 18 months worth of payment history. If I want anything beyond that, I have to pay for them and I don't know how older of a record they keep about my account. I know I am late for this year, due to a conflict between the management company and myself but anything before that has been paid, although proof would be a little hard to come by.

do I have to show them proof that I actually paid these in the past and they never sent me a receipt ? Or isn't it the HOA president's duty to collect these fees timely and let people know if they are late in a reasonable amount of time, not like 6 years and hit them with an exorbitant fine?

What are my options here ?
Do you what you need to do to get the proof and submit it. Moving forward, keep copies of your various documents.
 

adjusterjack

Senior Member
do I have to show them proof that I actually paid these in the past
Yes.

Unless you don't mind having a lien put on your home or getting sued for it.

and they never sent me a receipt ?
Here, let me stamp your TS card.

Or isn't it the HOA president's duty to collect these fees timely and let people know if they are late in a reasonable amount of time, not like 6 years and hit them with an exorbitant fine?
No, it isn't the president's duty.

And I can almost guarantee that your CC&Rs say that dues are due "without demand."

What are my options here ?
Pay your bank and get the records of payment. Gonna cost you a lot less money than fighting with the HOA over this.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top