Legal Question in Real Estate Law in Texas
Homeowner's Association Late Fees
I have lived in my home since 2002 and have paid the annual association fees for each year thereafter. I am current through 2008 on the original amount of annual asseessment ) What begin as a (2) 25.00 inital late fees has escalated into 1500.00 and counting. I have records to prove the amount due is compounded late fees+ atty and filing fees I assume. I tried in vain at the onset of this nightmare to resolve this issue with no response. I contacted the attorney involved and spoke with an assistant who seemed to agree with me and instructed me to ''put in writing and send to the attorney, again no response. In desperation I also copied my attorney general who sympathized informed me HOA's are private and he has no jurisdiction. I have a court date for 8-26-08. I am still in shock over the entire situation. If they win what is the worse that can happen? Will my records be sufficient evidence?(I kept all of the monthly statements) In preparing my documentation recently I noticed the verbage on the statements has changed to reflect ''all past dues balances are subject to an additional 25.00 late fee + atty fees. In earlier years it was not present.
Can they foreclose on my property to collect the judgment?
Thank you in advance.
1 Answer from Attorneys
Re: Homeowner's Association Late Fees
They can't foreclose the property to pay a judgment, however, they might be able to foreclose under the HOA Declaration and lien created therein. Be sure you show up in court and be prepared to tell your side of it. Judges have a tendency to side with the consumer (that would be you).
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