What can I do to remedy this situation?

Real Estate 3 views 2 answers
We paid our HOA dues for 2009 on 12-1-08 and have received a notice with 'Past Due' stamped on the front for everyone to see. The notice said the association will place a lein on our home if we don't pay our dues. We have the cancelled check to prove we did, in fact, pay them. We have never not paid and have been here over 18 years. We sent the treasurer a letter with copies of the cancelled check in it. Now what? We haven't heard anything from her. Can they put a lein on our home?

Attorney Answers

2
Alan Brinkmeier ·
With the cancelled check as proof of payment you should expect that no lien will go on your property. I trust the dues for 2009 we not owed before December 1, 2008, right? Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Brian Mitchell RowlandContracts / Agreements LawyerJacksonville, FL ·
If you paid on time, then no lien should arise. If the notice came from some third party other than the association itself, you may have recourse under the Fair Debt Collection Practices Act for the "Past Due" stamp on the outside of the letter and if they did not include the proper notice with the communication - it depends on the facts. This could apply to a property manager collecting on behalf of the association. My advice, if you are truly concerned about this, is to show the letter you received to an attorney - do not act on your own under the FDCPA - it is fact dependent and fairly complex. Brian Rowland
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