Real Estate Litigation

Unpainted mailbox leads to property lien, possible foreclosure

When you purchase a home, you will find out if you are bound by the bylaws of a homeowner’s association (HOA). The HOA is something that can make life more enjoyable or more difficult, depending on what side of the matter you are on.

One man recently found out just how far a HOA is willing to go just to force a resident to do what the bylaws demand. The man, who lives in a neighborhood Associa, a property management company, handles, is facing possible foreclosure of his home because of an unpainted mailbox.

The HOA claims to have sent letters and notices to the man about his mailbox and his HOA dues. The problem here is that these letters and notices were sent to the man’s ex-girlfriend, who was removed from the county’s property ownership record for the property in question in 2014. Still, the HOA continued to send her the documents in the mail.

The HOA acknowledges their mistake, but the man notes that the first statement that was actually sent to him was one with a $1,000 fine. Now, the HOA has filed a lien against the property. The homeowner is trying to work things out with the HOA, but he notes that they are unwilling to do anything and say that it is all in the hands of the attorneys now. He is continuing to fight to keep his home and asserts that he would have gladly painted the mailbox in order to avoid these issues if he had only known.

Anyone who has a dispute with a HOA should find out his or her legal options in the case as early as possible. This gives you a chance to think about how each option might impact you and your home.

Source: WTSP, “HOA could foreclose on home over unpainted mailbox,” Kendra Conlon, June 23, 2017

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