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A Tree Creates a Mess For One Condo Owner

Question: My homeowner-association president instructed me in writing to keep my October 2003 homeowner-association fee and instead cut down a tree in a common area that was protruding into my roof. Later, another homeowner volunteered to cut the tree, and at that time I went ahead and paid the association fee. The fee was returned to me, and I was told my property had been placed in lien/collection status. This occurred again in November, and I recently received a letter from a California collection company requesting $450 for non-payment of my homeowner-association fees. The only reason I didn't pay the October fee at the usual time was because the homeowner association president instructed me not to, and yet they have still proceeded with collection efforts. What can I do?

-- Name withheld, Inglewood, Calif.

Answer: Your fate could depend on the amount of documentation you have to back up your side of the story.

Homeowner associations are governed by their own bylaws, and whenever you move into a community that has an association, you've effectively agreed to live by those rules. Typically, those rules stipulate that you're required to pay dues periodically and on time, and if you don't, you could be subject to penalties, including fees or ultimately even foreclosure. In this case, you should check your association's bylaws to make sure the association really does have the power to penalize you.

In your case, you failed to pay your fees on time, so technically speaking you're subject to whatever penalties the association has the power to enforce. But there appear to be mitigating circumstances in your case, and it's possible the problem is merely a matter of miscommunication between you, the association and any other parties that are involved. Often, homeowner associations hire a manager or a management company to collect monthly payments and perform other tasks, and it's possible that the association official you dealt with has not communicated your situation to the collection company. A simple phone call or letter to the association should settle the problem.

If your homeowner association still won't relent, however, you might have to bring in a mediator, or perhaps even go to court. This is where the amount of documentation you have can make a huge difference.

If you can show that the association official really did agree to let you forgo a month's dues in return for some work cutting down a tree, there's a good chance you'll win your case. If not, you could find it harder to defend yourself. It will also help if you can prove that you made up any and all missed payments. While that might not get you totally off the hook, especially if the association has the power to charge late fees, there's a good chance a judge will order the association to remove the lien on your property if you show you don't owe any back dues.

You'll want to keep all the correspondence between you, the association and the courts to show to a credit agency in the event that the episode somehow affects your credit. And if you ultimately come to the conclusion that the homeowner association was unfair to you, you can always exercise your right to organize neighbors to vote out the association officials who gave you a hard time.

In the future, you can avoid these kinds of messes by following a simple rule, says Anthony Hsieh, chief executive of HomeLoanCenter.com, a national online mortgage lender based in Irvine, Calif.: Always pay the monthly association fee on time, no matter what association officials tell you. If the association asks you to do some work, ask them to bill you for it separately so that there's no confusion. Also be sure you know your homeowner association's bylaws before you decide to move into the community.

For additional information about homeowner associations, visit the website for the Community Associations Institute, an organization that represents homeowners and homeowner associations: www.caionline.org.

 
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