FAQ
Can an HOA charge attorney fees if I win the dispute?
No. If you successfully prove that the association failed to properly record the documents giving them the authority to charge legal fees, they cannot force you to pay for their lawyer. The association must absorb those costs. Furthermore, many state laws dictate that if a homeowner wins a legal battle against their HOA, the HOA must actually reimburse the homeowner’s legal costs. Always review your state’s specific property code.
What happens if the HOA records the collection policy after my account becomes delinquent?
Legal documents and collection policies are rarely retroactive. If the board failed to record the policy before your account went into collections, they generally cannot apply the newly recorded rules to your past-due balance. They can only enforce the new interest rates and fee schedules on delinquencies that occur after the date the county clerk stamped the document.
Are all homeowners association rules unenforceable if not filed with the county?
In most jurisdictions, any rule that affects property rights, levies fines, or alters the financial obligations of the homeowner must be recorded to be fully enforceable. Minor architectural guidelines (like approved paint colors) might be upheld if they are referenced broadly in the recorded CC&Rs, but severe financial penalties and collection procedures absolutely require official county recording to be legally binding.
How do I remove a lien placed on my home for HOA delinquent accounts?
If an HOA places a lien on your property based on unrecorded fees or improper interest, you can dispute the validity of the lien. You will need to present your evidence to the board and demand a “Release of Lien.” If the board refuses, you must hire a real estate attorney to file a quiet title action or petition the court to invalidate the lien based on the association’s failure to follow proper filing statutes.
When should I hire a lawyer for HOA collections?
You should hire a lawyer immediately if you receive a notice of intent to foreclose, a court summons, or if the disputed amount exceeds what you can afford to lose in small claims court. While you can handle basic administrative audits and ledger disputes on your own, fighting an active lawsuit or a property lien requires professional legal intervention to protect your home.
