Condoowner40
Junior Member
What is the name of your state (only U.S. law)? CA
I need legal advice on what my rights are within the following situation: I own two condos in the same complex, to which I am late on HOA fees and recently rec'vd a notice of intent to lien. I have owned them both for several years and this is the first time I have fallen deliquent. I fell 90 days behind in Dec.. I was told I would receive notice prior to any collection activitity or legal lien processes were started and I was not. I have been in communication with the board about the repayment both prior to the legal notices and since. I had expressed to them my intent to re-pay after the first of the year in pymts. and was told thank you. I went ahead and made Jan. pymt as per regular which cleared fine and then to my surprise a few days later was sent a certified letter of intent to lien from the community's legal firm. I have requested a pymt. plan since the time of the notices to which the board has approved, but my question is this: they charged to my acct. legal fees of $200 and say they will not waive them as they had to pay them. However, I rec'vd no prior notification that this would be going to a legal process. Had I known that, clearly I would have made contact with them and set up this official pymt. plan earlier. Is that legal for them to charge me the legal fees since there was no official notice sent prior to the certified letters? Thank you!
I need legal advice on what my rights are within the following situation: I own two condos in the same complex, to which I am late on HOA fees and recently rec'vd a notice of intent to lien. I have owned them both for several years and this is the first time I have fallen deliquent. I fell 90 days behind in Dec.. I was told I would receive notice prior to any collection activitity or legal lien processes were started and I was not. I have been in communication with the board about the repayment both prior to the legal notices and since. I had expressed to them my intent to re-pay after the first of the year in pymts. and was told thank you. I went ahead and made Jan. pymt as per regular which cleared fine and then to my surprise a few days later was sent a certified letter of intent to lien from the community's legal firm. I have requested a pymt. plan since the time of the notices to which the board has approved, but my question is this: they charged to my acct. legal fees of $200 and say they will not waive them as they had to pay them. However, I rec'vd no prior notification that this would be going to a legal process. Had I known that, clearly I would have made contact with them and set up this official pymt. plan earlier. Is that legal for them to charge me the legal fees since there was no official notice sent prior to the certified letters? Thank you!
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