What are my rights regarding HOA debt payment plans?

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What are my rights regarding HOA debt payment plans?

I got behind in payments to the HOA agreed to make 2payments on line to catch up the 1st went through the second I tried to pay the same way on 2 occasions, they filed suit I agreed to a payment plan to avoid court have now made 2 payments since my debt is now $700 more than originally owed and they sent me a letter of default when I have a recorded message saying that payment was received and is not in default.

Asked on December 2, 2011 under Bankruptcy Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The problem that you are experiencing with your HOA is that you do not have a formal written settlement agreement regarding monies owed for past dues. Had you had such a signed agreement, you would not be dealing with an ever changing situation on the money claimed owed.

I suggest that you sit down with a representative of the HOA about fees owed and sign a written agreement over the amount owed and how you are to pay it off over time to avoid the court date coming up. If you cannot get the dispute resolved on your own, you should consult with a real estate attorney familiar in association disputes.


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