Legal Question in Real Estate Law in Minnesota

HOA-The Home Owners Rights

We closed on our new (first) home on 1/13/06. We paid the HOA dues for 1/13-2/1 upon closing. Our HOA did not provide the garbage and snow removal services that are included in our monthly dues from 1/13-2/15. I ended up calling our HOA to see what was up, they told me that the builder didn't submit the paper work to them to let them know about our closing (according to our mortgage company this is not true) and therefore was not their fault that we did not get those services. A few days later I got a bill requesting payment for the month of February. I have been told that if we don't pay they can lein our home, but we should not be paying for a service that was not provided. I emailed her and asked for a credit on the snow removal and garbage service for that time frame (we have no problem paying for the other services) I also let her know as soon as she responds to me I will send the check for February and March. I have sent her 2 emails and she has not responded since my first inquiry. I don't know where to go from here. Do I have any rights here for getting credit on services not provided by my HOA?


Asked on 2/23/06, 4:45 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: HOA-The Home Owners Rights

Arrangements with a homeowner's association are essentially a matter of contract. To properly answer your question I would have to review your association bylaws and any related policies and regulations they may have. Contact me if you like and we'll set up an appointment for a consultation. Look at my site at www.kelly-law.com.

Having said that, I feel compelled to say that since you have bought into this association, you are going to be there long term; and you might be well advised to tread lightly. If you really alienate the folks who run the association early on, you could be looking at years of trouble ahead.

Good luck.

Read more
Answered on 2/24/06, 10:41 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Minnesota