How do I answer a summons for unpaid common expenses to my HOA?

UPDATED: Sep 30, 2022

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How do I answer a summons for unpaid common expenses to my HOA?

These fees went unpaid a few years back and since then i have been paying back extra money a month

with my fee towards these unpaid fees. I am not sure how to answer since I am paying my fees with extra towards unpaid.

Asked on March 29, 2017 under Real Estate Law, Massachusetts


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You will need to file an answer to the complaint.  The complaint is the lawsuit attached to the summons.  You  will need to file your answer with the court and serve by mail a copy on the opposing party or their attorney within the time set forth in the summons.  If you miss the deadline, a default will be entered against you, which means you have lost unless you file a motion to set aside the default and the court rules in favor of your motion.
The answer denies the allegations in the complaint. At the law library, have the librarian help you find Pleading and Practice which has sample answers to complaints.  Also, include a verification attesting to the veracity of your statements in the answer signed under penalty of perjury.  You should see an example of this at the end of the sample answer to a complaint.
  When you file your documents with the court, attach a proof of service verifying the date of mailing a copy of your documents to the opposing party or their attorney.  You can get a court form proof of service or you can write your own based on the court form.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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