How Do I Defend a lawsuit for dues and fees filed by a Homeowner's Association?

Full question:

We are late paying this year's homeowner's assn. fee. We called and were told we were ok as long as it was paid by the end of the year. Now we get a summons to appear in court which includes not only the hoa fee with interest but also attorney and process server fees. What options do we have? Can we just pay the hoa fee? Do we have to go to court? Do we have to pay the other fees?

  • Category: Real Property
  • Subcategory: Homeowner's Association
  • Date:
  • State: Maryland

Answer:

A lien may be placed on the property for overdue HOA fees. An assessment lien form is typically used by a homeowner's association to place a lien against a homeowner for unpaid dues. Also, many Homeowner Association Declarations include provisions for charging interest on any upaid dues or assessments. The Declaration may also provide for attorneys fees if the Association is successful in proving their claim.

Since any court action would have specific time deadlines to follow and avoid default, it would be recommended that you discuss the matter with a local attorney experienced in real estate law.

If you need assistance locating an attorney, you may wish to visit our attorney directory.

 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Ignoring a court summons for HOA fees can lead to a default judgment against you. This means the court may rule in favor of the HOA without your input, allowing them to pursue collection actions. This could include wage garnishment or placing a lien on your property. It's crucial to respond to the summons and consider attending court to present your case.