to pay or escalate (association crap)

icyunv · 12-21-2010, 01:30 AM

kinda venting, and i want to get some opinions/advices from the local community. i'll try to keep it short...

got a notice three months ago from my association attorney, they put a lien on my property because i owe them money. apparently the association raised the dues and i was never informed. i have been paying them on time every month, and they claimed to mailed out notices to me prior. association wants me to pay for late fees, interest, plus legal fees (totaling $13xx) to take the lien off. Tried to work it with the association, offered to pay the differences right away, didn't work, took it to small claims, have proof of every payment made, statement testifying letters/notices were never received, judge dismissed the case because they have no control of association policies, and in Washington Law, mails are assumed to be mailed if they said its mailed. association contacted me again, urged me to resolve this matter asap prior to escalating to superior court, and now i have to pay $18xx to resolve it.

bottom line, i know its my fault not to check periodically. due to my line of work, i have to travel alot. i thought leaving my parents contact info at the association, and my cousin living at the condo will do fine. the funny thing is, the treasurer of the association lives next to us, and he sees my cousin everyday. i feel like its a lose lose situation for me. i seek for legal support, i have to pay for consultation, possibly more if i decided to escalate.

sigh

98005xi · 12-21-2010, 04:04 AM

That's a hard decision to make, not knowing more about your situation bro. Only you could really know what makes more sense. Here's my take:

1) If you intend to keep living there and keep things amicable, just pay and get it over with.
2) If you are gonna sell anytime soon, just pay, because you'll have to clear the lien in order to do so anyway (goes for any refi/lender activity too).
3) If you need to keep your credit score up...just pay, in case this winds up affecting you that way.
4) Fight it if you have cheap representation and the $$ won can pay for the legal costs. It's a time vs. $$ thing to me.

I think it's crappy that you're even in this situation and it must suck. Even our 6-unit HOA is dysfunctional and useless. I'm looking forward to moving into the SFR soon.

Do you have any sway in your HOA to make this go away? I'm guessing no, since it's escalated already to this point. Keep us updated...I'm curious as to how this turns out now.

pentaxis · 12-21-2010, 11:44 AM

This has become more of a common occurrence. Some home owners associations are using this as a method to increase revenue. I remember reading about a family in texas who lost their house for five or six hundred dollars of back owed home owners dues, and couldn't get it back. (Texas law that allowed this has since been ratified I believe)

Good luck with whatever you decide. Sounds like for the money it would be easier to just pay, but the principle of the matter is hard to ignore.

TENCHI · 12-21-2010, 01:06 PM

I hate associations. Especially in this friggin state. Its like living under gestapo rule. Can't leave trash bins out for more than 2 hours after they pick it up. Well what the fack am I supposed to do if I along with thousands of others don't get home till after 5? Or their no colored Xmas lights rules.....etc etc.

You might have to pay but still....when I buy my next house I am going to definitely make sure that there is no association

12-21-2010, 01:30 AM	#1
icyunv Captain 29 Rep 745 Posts Drives: E92,G63,CLS550,458,EVO X FE Join Date: Nov 2009 Location: Bellevue, WA iTrader: (3)	to pay or escalate (association crap) kinda venting, and i want to get some opinions/advices from the local community. i'll try to keep it short... got a notice three months ago from my association attorney, they put a lien on my property because i owe them money. apparently the association raised the dues and i was never informed. i have been paying them on time every month, and they claimed to mailed out notices to me prior. association wants me to pay for late fees, interest, plus legal fees (totaling $13xx) to take the lien off. Tried to work it with the association, offered to pay the differences right away, didn't work, took it to small claims, have proof of every payment made, statement testifying letters/notices were never received, judge dismissed the case because they have no control of association policies, and in Washington Law, mails are assumed to be mailed if they said its mailed. association contacted me again, urged me to resolve this matter asap prior to escalating to superior court, and now i have to pay $18xx to resolve it. bottom line, i know its my fault not to check periodically. due to my line of work, i have to travel alot. i thought leaving my parents contact info at the association, and my cousin living at the condo will do fine. the funny thing is, the treasurer of the association lives next to us, and he sees my cousin everyday. i feel like its a lose lose situation for me. i seek for legal support, i have to pay for consultation, possibly more if i decided to escalate. sigh
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12-21-2010, 04:04 AM	#2
98005xi Just a lowly, lowly cook 27 Rep 1,155 Posts Drives: 2010 335xi Join Date: May 2010 Location: Bellevue, WA iTrader: (0)	That's a hard decision to make, not knowing more about your situation bro. Only you could really know what makes more sense. Here's my take: 1) If you intend to keep living there and keep things amicable, just pay and get it over with. 2) If you are gonna sell anytime soon, just pay, because you'll have to clear the lien in order to do so anyway (goes for any refi/lender activity too). 3) If you need to keep your credit score up...just pay, in case this winds up affecting you that way. 4) Fight it if you have cheap representation and the $$ won can pay for the legal costs. It's a time vs. $$ thing to me. I think it's crappy that you're even in this situation and it must suck. Even our 6-unit HOA is dysfunctional and useless. I'm looking forward to moving into the SFR soon. Do you have any sway in your HOA to make this go away? I'm guessing no, since it's escalated already to this point. Keep us updated...I'm curious as to how this turns out now. __________________
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12-21-2010, 11:44 AM	#3
pentaxis Captain 30 Rep 685 Posts Drives: Space Grey E92 335i Join Date: Feb 2010 Location: Portland, OR iTrader: (3)	This has become more of a common occurrence. Some home owners associations are using this as a method to increase revenue. I remember reading about a family in texas who lost their house for five or six hundred dollars of back owed home owners dues, and couldn't get it back. (Texas law that allowed this has since been ratified I believe) Good luck with whatever you decide. Sounds like for the money it would be easier to just pay, but the principle of the matter is hard to ignore.
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12-21-2010, 01:06 PM	#4
TENCHI Lieutenant 53 Rep 552 Posts Drives: '19 G12, '17 E300 Join Date: Feb 2006 Location: Seattle iTrader: (0)	I hate associations. Especially in this friggin state. Its like living under gestapo rule. Can't leave trash bins out for more than 2 hours after they pick it up. Well what the fack am I supposed to do if I along with thousands of others don't get home till after 5? Or their no colored Xmas lights rules.....etc etc. You might have to pay but still....when I buy my next house I am going to definitely make sure that there is no association __________________
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