QUESTION
Can an association force you to pay legal fees that you do not consider reasonable
Asked on Apr 24th, 2014 on Foreclosures - Colorado
More details to this question:
I sent a check to my HOA to cover all past due association dues, including interest and late payments. Also included in the check amount was some but not all of the accumulated legal fees. The HOA has now filed a foreclosure action. The attorney for the HOA says that the amount I sent in was a restricted endorsement, and that the money goes first toward paying legal fees, not for the late due. Therefore, I am still in arrears on the HOA dues and they will proceed with the foreclosure. I thought my payment would go first toward the HOA dues and that the HOA could then sue me for legal fees. I did not think they could proceed with foreclosure. Can they?
1 ANSWER
Personal Injury Attorney serving Fall River, MA
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An HOA can sue you for legal fees and these fees are not determined by what you feel is reasonable. Most people feel that attorney's fees are not reasonable, especially when they're paying them as a penalty. First to stop the foreclosure you must make all payments back or use some type of legal resource such as filing bankruptcy to stop the foreclosure. Find a chapter 13 bankruptcy would allow you to stop the foreclosure and give you time to be able to pay back the money you owe in arrears.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Apr 24th, 2014 at 12:46 PM