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Trying to collect FROM my HOA

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pauloconnor

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

The fire sprinklers in my townhouse were defective and flooded my house. The house was still under warranty and the HOA did admit they were liable for the charges. I was told to get quotes for the repair. They approved the quote and told me to pay for the repairs and they would reimburse me. I have emails of all of the above. It has been two years and they still have not reimbursed me. The HOA manager says many of my neighbors are not paying their dues, and that is why the HOA has no money to pay me. I was wondering if it is ok for me to send letters each month stating that I am deducting each month's dues from the balance that is owed to me. And I will restart my due payments when the balanced owed to me is $0. Is that legal to do? Or do I need to get their agreement to this plan first? I have a feeling they won't agree to it up front, but if I just jump the gun, then maybe they will be too slow to react and after several months I can claim de facto approval to the repayment plan.
 


Zigner

Senior Member, Non-Attorney
Why don't you simply present that as a solution instead of springing it on them?
 

pauloconnor

Junior Member
Why don't you simply present that as a solution instead of springing it on them?

If I present it to them, and then they don't accept the plan, then I have no further easy recourse.

But if I spring it on them, and they don't actively reject the plan as I am deducting each month's dues from the balance owed, then I would have a legal argument that I had de facto approval to the repayment plan.
 

Zigner

Senior Member, Non-Attorney
If I present it to them, and then they don't accept the plan, then I have no further easy recourse.

But if I spring it on them, and they don't actively reject the plan as I am deducting each month's dues from the balance owed, then I would have a legal argument that I had de facto approval to the repayment plan.

Ohhhh, a sneaky one you be!

:rolleyes:
 

pauloconnor

Junior Member
I would still set aside the monthly dues for the first few months so I would have it in case they actively rejected the repayment plan.

Any other suggestions on how to force them to pay me? Again, they are not disputing that they owe me money. They just don't have a plan to pay me back. And I don't want to wait until statute of limitations kicks in to prevent me from collecting.

If I take them to court, would they be able to force them to pay? Would I just get a lien against the HOA? But what property would I be able to put a lien against?
 

OK-LL

Member
I would still set aside the monthly dues for the first few months so I would have it in case they actively rejected the repayment plan.

Any other suggestions on how to force them to pay me? Again, they are not disputing that they owe me money. They just don't have a plan to pay me back. And I don't want to wait until statute of limitations kicks in to prevent me from collecting.

If I take them to court, would they be able to force them to pay? Would I just get a lien against the HOA? But what property would I be able to put a lien against?

If you were successful in getting a money judgment you would file for garnishment of the only asset an HOA has, the assessment income, or you can simply garnish the HOA's bank account, if your state allows either or both of these recovery methods.
 

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