Legal Question in Real Estate Law in Maryland

Good Afternoon, I recently moved into a new community in July 2010. At the time I received my HUD-1 they stated that HOA fees were paid through December and I was under the impression that nothing else was due until January. Shortly after being in the home I received a letter stating that I owed $600 for an outstanding balance. I called and questioned the amount only to find out that it was an annual payment and not a monthly payment and it should have been paid when I closed. I called the office told them that I had every intention to pay but was not sure when I could pay. No payment plan was offered.

I paid the balance down to $236, and figured that at most I would get late fees. Anyway, the account was sent to the attorney and to my surprise the balance owed is now $601. I have been in contact with the attorney to get a breakdown of the cost and most recently found out that I am being charged $85 for Title Abstract & Update, and $50 for Private Process Posting of Property. My question is, are these fees valid? There is no lien currently on my property nor any foreclosure proceedings. Please advise as I would like to dispute these charges. Thank you!!!


Asked on 2/02/11, 9:34 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

It depends on the terms of your Declaration. READ IT! The Association likely has the ability to take the actions it has already taken. The fact that you were not charged the annual fee at closing is not the Association's fault, and they won't take the hit from it. Welcome to living in a homeowner's association community.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 2/03/11, 5:25 am


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