What to do about a back HOA assessment of fees?

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What to do about a back HOA assessment of fees?

My HOA just placed a lien on my property last month for debts that are 5 years old. The management company was careless and failed to collect the past dues until recently. They just realized the past dues in their record and started to take action now. I thought lien has to be timely filed. What are my rights here? I contacted a local lawyer but he is helpless. All he wanted is $600 for 4 hours of his work. Does statue of limitation applies to HOA assessment? Can I file motion to remove the lien?

Asked on October 5, 2011 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first thing that you need to do is carefully read the recorded "covenants, conditions & restrictions" concerning your property as to whether or not there is any timing requirements for past due assessments against an individual property owner and the recording of any liens that are allowed.

A lien is simply an allowed claim against a person for monies owed that still has to be proved up by the claimant. It seems to me that possibly the claim for monies owed as to you may be time barred (by statute of limitations) and the lien improperly placed "clouding" your title to your property.

I suggest that since lien removal is a complicated matter that you consult with an attorney that is experienced in real estate about your situation to see what can be done about removing the lien on your property.

There might be a "legal aid" program in your community that could assist you as well in addition to a possible clinic that your local county bar association might sponsor to people like you.

Good luck.

 


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