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
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