Legal Question in Real Estate Law in California

Homeowners Association Dues

My house is currently in foreclosure procedings. I owe back HOA fees. I tried to settle with the Board asking them for a payment plan because I can 't afford to pay them all at once. They did not answer for the longest time. They answered me after 40 days by having an attorney send me a bill to pay back all dues including ''attorney fees''. I felt that it is not right for them to charge me attorney fees because it should not have gone to that since I've tried to settle with the board directly and in good faith. They did not even give me an answer regarding my payment proposal. My question, do I have a right in refusing to pay the attorney fees? I know no matter what, I have to pay the HOA fees, but I refuse to pay their attorney fees.


Asked on 7/10/07, 8:22 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Homeowners Association Dues

The HOA has a mandate under the law to collect dues from all owners. Civil Code Sectino 1354 allows the HOA to collect attorney's fees from you if they hire an attorney to collect from you. If you don't reach a settlement agreement that includes payment of the legal fees, you are only inviting a lawsuit and making things worse for yourself.

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Answered on 7/10/07, 9:16 pm
Anthony Roach Law Office of Anthony A. Roach

Re: Homeowners Association Dues

Attorneys are like bank robbers, they will do anything to get your money.

I do not agree that Civil Code section 1354 applies to this situation, because you did not mention an action. That section provides for attorney's fees in an action to enforce the governing documents. You did not mention a lawsuit.

I am a little confused, because you mentioned foreclosure. If you are being foreclosed on by a lender, then why do you care about the HOA fees? I would let the foreclosing lender worry about that.

If you are being foreclosed on by the HOA, why didn't you get an attorney to protect you?

Very truly yours,

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Answered on 7/12/07, 7:50 pm


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