QUESTION

I have not paid homeowner association fees for three years. I''ve received court papers and they are asking the courts to put a lien on my property.

Asked on Jul 07th, 2012 on Real Estate - Illinois
More details to this question:
The work they had been doing on the property has been terrible. Or they do things that don''t need done (i.e. replacing mail boxes) without my input. The mortgage is upside down and I have no plans to sell anytime soon. I''m also in a Chapter 13. With a lien on the property, will they pursue other collection activity? Should I go to the court date? Should I resume making payments?
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1 ANSWER

  Failure to pay homeowners' association dues can give rise to a lien on the property being assessed.  The association may or may not elect to pursue further collection action.  Even if you don't intend to sell in the near future, a lien will become of public record and you will likely be required to clear the lien when selling your home in the future.  If the dues have become severely delinquent, you may end up paying a substantial amount in fees in penalties on top of the dues that are in arrears to ultimately clear the lien from title in the future.  You should speak with your bankruptcy attorney to determine what impact, if any, the bankruptcy proceeding has on your obligation to pay dues or the association's ability to place a lien on the property for non-payment.  Generally decisions are made by a board of homeowners who have been elected by the members of the association and every decision does not require individual homeowner input.  If you are unhappy with the way the association is being run, you may want to consider running for a position on the board to make sure your voice is heard.    This is general advice not commencing the attorney client relationship, nor is it protected under attorney client privilege.  Randy Green is an attorney at Meyer Capel, a Professional Corporation E-mail: rgreen@meyercapel.com Phone: (217)352-1800
Answered on Jul 10th, 2012 at 9:32 AM

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