Do property owners associations have the legal authority to put a lien on your property if dues are not paid?
916547
The powers of the association are usually delegated to the association's board of directors that must be elected by the membership at an annual meeting. The Davis-Stirling Act sets forth the powers and duties of the governing board which include: enforcing governing documents, levying and collecting assessments from association members, foreclosing on property for unpaid assessments and taking disciplinary action against association members who violate the governing regulations.\n\nHomeowner associations raise funds through assessments. There are two types of assessments: 1) regular or annual assessments which are levied on a recurring basis and generally cover operating costs and normal deposits to reserves; and 2) special assessments that are levied on a one-time basis, often for capital improvements. Assessments become delinquent 15 days after they are due, unless the governing documents of the association provide for a longer time.\n\nIn the event of nonpayment, the association must provide the owner with a description of its collection and lien enforcement procedures and an itemized statement of the charges owed by the owner at least 30 days prior to recording a lien. An owner may dispute the assessment debt and, if the full amount is paid under protest, request alternative dispute resolution. An owner may also request to establish a payment plan. Thirty days after the lien is filed, the association may enforce the lien through foreclosure. In effect, the homeowners association can initiate the foreclosure proceeding in as little as 75 days after the assessment was first due. Often, a homeowner association foreclosure is completed in less than one year.
735021
Yes you can! When you with hold rent the send you a court notice, take the proof (pictures, letters saying you called to have it fixed and whatever else proof you have) with you to court, tell the judge the reason show the proof and that they didn't fix it and that you asked to have it fix and nothing was done. If the judge sees it in your favor you won't have to pay the rent until it gets fix (he will order then landlord to fix it), and you won't have to pay the late fee because you had probable cause, but if he doesn't see it in your favor, you'll have to pay the owed rent money right away and possible the late fee
484716
It depends on the state laws; where are you?  \nDid they sign a contract when they joined the association?\nDid the assocation get included on the title of the house at some point?  \n\nYou may need to consult an attorney specializing in real estate law.
540782
your property still has a lien on it\nI can't understand how anyone could've bought your house unless they paid cash and didn't have the services of a lawyer\nneverthe less these people can sue you for selling a house which they cannot get a clear title to
582957
if it's private as you say and owned by HOA or the likes the answer would be no.
1144232
This is where a Title service comes into play; they do a search on the title and verify that it is free of liens and the seller has the legal right to sell the property. You don't need a lawyer yourself, actually; title companies have a license from the State which is to ensure that they operate in a legal manner. Title companies have attornies on staff already.
202436
First, I sure get tired of folks responding to questions as if they were text messaging you; I wonder if they can properly spell anything. Second, each state has slightly different laws regarding personal property and tenancy. I also have a feeling you left a few details out; the owner of the property where your "house" or trailer was/is sitting on, is a rented space to you (Lessee) owned by the Lessor.  You must have recieved multiple notices regarding the issue of your back lot rent, and THEN it went to Small Claims Court.  The Judge in Small Claims must have had your "paid up" receipts of record, (if you bothered to show up)or not-if not, the Lessor (owner of the property) would have won the small claims case, then she/he (Lesor)would have had an additional request, through another court, at another date later, to request seizure of your property to pay the back owed bills.***** They can only do this if they have proved you had received Notices of these actions.**** The only way they could have had the utilities turned off is if they ended up owning YOUR property in this very legal way.  Seek free legal help from your community legal program; there is pro bono in just about every city in the USA.
1133360
I work for an agency that mediates disputes like yours.  I first recommend that you read all the rules, so that you know just what is covered, because it may be that the rules don't cover the situation and you're not in violation.    If you think you're not in violation you should write to the Board of Directors and ask for a hearing on the alleged violations.  Take photos of the alleged violations if you have to so you can use them as evidence to show what the situation really is.  Very few places have any agency that deals specifically with HOA disputes, unfortunately so you may be on your own, unless you get a lawyer and sue the HOA.
419984
Someone has placed a lien on a part of your property (home, car, etc.) for something.  Maybe a debt owed.\n\nThe "abstract" part should give youa brief explanation of the court order and tell you what happened and why.\n\nYou need to contact the court it was issued from and see what you need to do to resolve the matter.
706039
The first step would be to check with your local planning commission to see if the property is properly zoned for that type of activity.  Then you need to check to see if that type of facility requires any type of licensing or certification.  Your best bet is to contact a local attorney because laws vary by state.
199919
I would think that it would be the person who benefits from the easement. This is usually not the property owner. If you are using someone Else's property (using an easement on their property) to get to yours, you should be responsible for maintaining the driveway.
357296
depends on the state.  They first file the lien then take action to collect it.  This is by foreclosure.  The first lien to mtg company merely means that mtg is deducted from sale balance paid on association dues and then balance to property owner.  Really really wrecks your credit.  Association dues also include property taxes on common areas and sometimes on your unit.  Since they have to pay yours and theirs when you don't pay they are given the above legal means of collecting from you.  don't be a deadbeat pay your bills
1116431
If the trustee of a trust gave someone power of attorney, then it is possible... as the power of attorney may have the right to act on the trustees behalf if the limitations allow it.  So my first advice would be to get your hands on the POA and read it.  POA is only voided if it is revoked or upon death of the trustee.
598565
You can sue them for violating their contract in order to force them to follow the bylaws, but you would need to prove that there was damage and what exactly it was (not necesarily in a quantity of money) in order to receive any payment.
273115
If you inherited it by will or because you were on the deed, you can. Otherwise, you can't. If you believe you are entitled to the land for some reason, you will have to bring a "quiet title" action in court.
1009823
Yes you do have to pay your dues when they are due. If not, they become past due, and do get higher. So Do the due, and save a few.
192346
Contact your state Attorney General's office. In most states, they can only collect via one avenue or the other. It would take a court order to place a lien on your home as well as garnishment.\nIn most states creditors of unsecured debt cannot place a lien on real property.