Legal Question in Real Estate Law in Georgia

Served Papers for HOA fees I was never properly invoiced for?

I own multiple rental homes so I could use a regular attorney going forward due to that. On one of my houses I was just served papers for not paying HOA fees for nearly 1.5 years which I was never invoiced for. The invoice was sent to our tenant and I never recieved a copy. Now in the papers from the court I have the fees and it was loaded with attorney fees and penalties. They are claiming in the papers that I have refused to pay and demand I pay everything to avoid going to court. The HOA has been giving our PO Box by phone over a year ago and they know that the people living there are our tenanants. Everything is set up in an LLC and PO Box which are reflected in our tax records which they never used instead they just served me at my house. Should I just pay? Should I fight? Why should I pay all these fees if I have never if I never recieved an invoice but only served papers. I have a spotless credit record, track record and back ground and I feel like I am being taken advantage here. I am willing to pay what I owe. Please advice...


Asked on 10/07/08, 8:04 pm

2 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Served Papers for HOA fees I was never properly invoiced for?

Whether to pay or fight, or some combination, is impossible to answer without knowing all of the details. Regarding the notice issue, the covenants will determine how the HOA was supposed to notify you of the dues/fees. Typically, it is the homeowner's responsibility to pay regardless of notice or invoicing.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 10/08/08, 10:39 am
Robert Thompson J. Robert Thompson Attorney

Re: Served Papers for HOA fees I was never properly invoiced for?

I concur with Mr, Lyon's response: the ultimate answer can only be found by examining the covenants. an attorney's advice would be useful here.

However, I would note that you (or the LLC) will be liable for the HOA fees in any event; and you might be able to negotiate on the penalties and atty's fees by making an offer to pay that balance immediately.

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Answered on 10/08/08, 11:54 am


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