Legal Question in Consumer Law in Virginia

Problem with Home Owners Association

Hi, I have a home in a luxury home community. That HOA sent me bills for upgradation of the services for my tenants which I never authorized. Since I refused to pay the bill, they threatened me that they will go to collection agencies and put a lien against my home. I contacted BBB to solve this matter. However, the HOA never replied back to BBB. And BBB asked me to contact any attorney in this matter. So, I would like to know what is my best step in order to get rid of the bill ($1600.00). Can you let me know if this case can be brought to the consumer courts by myself? If so, where shall I contact? My house is in Belmont Country Club, Ashburn, VA. If I go to any lawyers, I have to initially pay the amount to them. Will I be able to sue the HOA for getting back the same money which I paid to the lawyers?


Asked on 9/10/07, 11:40 am

2 Answers from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Problem with Home Owners Association

Yes, in this case you may proceed on your own in Small Claims Court. I suggest reviewing the Virginia State Courts website for a pamphlet that addresses procedure in such a case.

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Answered on 9/10/07, 12:05 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Problem with Home Owners Association

You should review the bylaws/covenants

of your HOA before contemplating litigation. Since it's not clear what you mean by "upgradation of services", it may be that whatever was done may have not required yoour specific authorization under the applicable HOA rules which would mean that you would have to pay the surcharge/assessment and, perhaps, seek recourse from your tenants, if appropriate.

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Answered on 9/10/07, 1:20 pm


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