Legal Question in Real Estate Law in Maryland

homeowner's association

My homeowner's association is charging me legal expenses for their attorney. I paid my monthly and quarterly dues with one check, intending the amount to be applied to both accounts, as per my note attached to the checks. They applied the amount only to one account, which made the other account late. I called the association, and they said they would apply the amount to both accounts and send me a bill when the accounts became due again...They never sent me a bill until I got a late note with an attorney's collection fee. I paid the bill minus the attorney fee. He has since put a lien on my house and has tacked on hundreds of dollars in attorney's fees. Can he legally do this? I am paid up in full on my dues...minus the attorney fees. What should I do?

Thanks,

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Asked on 2/17/09, 7:48 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: homeowner's association

You should review the HOA bylaws to see what appeal process is available to you. If this were a court collection suit, a judge might throw it out and probably wouldn't allow legal fees that are so large in proportion to the amount of the claim. But the lien will stay on your property until it is sold and to get it removed would be costly.

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Answered on 2/18/09, 5:03 pm


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