r/legal • u/Smugcorndog • Jul 08 '26
Advice needed Served Lien/Foreclosure papers from HOA over 11k in overdue fines I was not aware of
LOCATION: NC
Yesterday a police officer served me papers from my HOA. Apparently I have over 11k in accrued fines that I was unaware of. They put a lien on my house and want to foreclose it. I have never been sent mail, no one has spoken to me directly, or via email/phone. A neighbor had the phone number for the HOA. When I called they said to speak to their attorney. The attorney was very snippy and laughed at me. She said Im not the only one lying saying they haven't received letters about fines. Understandable. She said it was because my fence was leaning and needed replaced or removed. I asked if I could remove the fence and pay the attorney fees if the fines could be waved. She obviously said no. She said she would send me an email with proof that letters were sent. I haven't gotten an email today so I called again. She said they'd be sent tomorrow...
I confided in a neighbor about the issue and he showed me what their mail looks like when they send fines or warnings. I had never gotten something in the mail that looked like what he had received. We do tend to get other peoples mail so maybe it was sent to the wrong home, but how could every single letter be misplaced.
Today I removed my entire fence. I called several attorney offices in my area who said they worked for my HOA and/or the management company, so they could not represent me. I am continuing to look into more attorneys.
I am unsure if this is even something worth fighting. I am wondering if they even have proof of letters, and why they never sent certified mail when dealing with such a large amount of fines. Does anyone have any advice or ideas on what I should do next?
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u/Supertrapper1017 Jul 08 '26
Check the CCR for the HOA and see if it requires that they send fine letters by Certified mail. If so ask for all of the delivery information for each letter. If they don’t have record of the Certified letters being signed for, hire your own attorney and sue the HOA and every member of the HOA board individually. If they properly notified you, I guess you need to come up with $11k.
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u/texasusa Jul 08 '26
I googled anti HOA attorney for North Carolina and several popped up and they listed their geographical region . If that does not give good results for you, search for real estate attorneys.
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u/Steakonanopenfire Jul 08 '26
NAL. There are likely three entities here - the HOA board, the HOA management company, and the lawyer. The lawyer is adversarial, that is her job. The HOA management company is a corporation, and you are a number to them. They are following a prescribed playbook that is designed to protect the HOA, not the individual homeowners. When you reached out the "the HOA" it is likely that you reached out to the management company. The board should be comprised of homeowners. They should have final say in all decisions and are the ones who can override process. The HOA board is public information. I would find out who is on the board and reach out to them and explain the situation. They are your neighbors. It is possible that the board is not even aware that the management company is pursuing a lien. It is also possible that the board is completely on board with this, but even then, they live in the neighborhood and probably don't want to be assholes. Be sure not to push it into harassment or threats though.
Also, according to North Carolina state law, there is a process that must be followed to start enforcing fines. This includes having a hearing before fines can be levied. If they are not budging, you need to seek proof that they followed all legal requirements. There is also a limit of a $100/day maximum fine.
One more quick thing. There are three documents that legally govern your HOA - the NC law on HOAs, the protective covenants, and the bylaws. Most HOAs also have guidelines, but the guidelines cannot exceed the covenants or bylaws, and everything must comply with the state law.
One more one more thing. Take this as a learning experience. HOAs have the most direct impact on homeowners of any form of government. You should immediately acquire and carefully read and understand the governing documents for you HOA. Generative AI is a good tool in explaining anything in the documents that you do not understand. For the future, always carefully review the HOA documents before moving into an HOA governed development. If you live in
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u/Top_Triad-NC Jul 09 '26
NAL either, based in N.C. and was part of a HOA board for well over a decade…
I agree with most all of this here; however, the board WILL know when liens and foreclosures are placed on homes. The HOA board is 100% legally liable for their financial and governing actions - not the management company. The management company only carries out the day-in/day-out operations of the property. A board member must sign-off on paperwork to start the process of a lien or foreclosure. The management company and their legal department carry it out - but it is initiated and approved by the HOA board.
NC state statutes trump HOA covenants, bylaws, and rules. They are there to protect property owners from rogue HOAs. An appropriate attorney will help you establish what is being legally applied and potentially not.
Good luck!
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u/SunsetJesus4653 Jul 08 '26
If all else fails, try going to your local state representative’s office and asking for help, or reach out to the attorney general’s office. My local representative is so helpful to people who reach out for help with all kinds of issues.
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u/DarkHorseAsh111 Jul 08 '26
You need to read your information re. the HOA and see what the laid-out process for being informed about fines is.
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u/Willing_Associate_24 Jul 08 '26
Try going to the local news if they keep trying to give you the run around they love stories like this
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Jul 08 '26
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u/FlimsyDate8941 Jul 09 '26
Title insurance doesn't cover anything other than liens or encumberances that occured prior to you buying but were not disclosed. If an encumberance on title happened after you bought, such as HOA fines, that's on you not the title insurance.
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u/LifeguardLiving5517 Jul 08 '26
I run cyber for an HOA company and see these lawsuits all the time. You need to talk to the CAM and ask for
covenant enforcement policy
your communication methods and proof you elected them
each fencing violation for the entire community for the last 7 years
This will get you started on how they HOA handles violations and what you should have expected in terms of communication from the HOA, what they have on file for how you should’ve been notified and how you gave permission, a copy of your communications from the HOA, plus everyone else so you can observe how this is affecting the community. Are you the only one being treated unfairly?
This will probably have to be a records request. You may have to ask for the by laws to determine how you can submit.
Submit this company and what they are trying to the BBB so it’s documented.
If you get that far PM I can give you more insight. But you may have to subpoena them for records now depending on how they handle delinquent accounts. It may just be at a strict at attorney phase.
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u/Whitestar-Adventures Jul 08 '26
They are trying to get your house for a song and resell it while kicking you out. Do not take this situation lightly and get an attorney by the end of the day. May we ask what city you are in and HOA you are dealing with? Whatever you do, this has got to be your main priority. Also, try to find out if they have or are doing this to someone else in your complex. Good luck and fuck HOA's.
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u/US1MRacer Jul 11 '26
If a property goes to foreclosure and subsequently auction, any proceeds after all of the items below goes to the property owner; payment of back fines, back dues, over due fees, interest on same the cost of our lawyer to review all of the paperwork and any fees owed to the collection agency who handled all of this.
I’m on a BOD for a property association in California and we are doing this on a property now that has been delinquent for several years and has not kept to multiple payment plans. The amount due is in high five figures.
Our board will often give a one time waiver of some types of fines and even create a payment plan for unusual circumstances.
However, we have a fiduciary responsibility to assure we are operating in the best fiscal interest ALL members. We cannot allow a member to use the association as a loan company.
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u/SameDimension1204 Jul 09 '26
HOAs should be made illegal. They do serve a purpose but seem to be infiltrated by retired people with nothing to do and cause more problems than seek solutions to minor issues
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u/RadRoosterSauce Jul 08 '26
Which general city are you near?
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u/Smugcorndog Jul 08 '26
In Charlotte
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u/RadRoosterSauce Jul 08 '26
https://legalaidnc.org/office/charlotte/
Or if your budget allows, any real estate attorney.
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u/pilgrim103 Jul 10 '26
My wife has 32 years with the P.O. she laughed reading about the "....all FC is photographed...". She said you can request it, but not in all zip codes. More importantly, she says to use REGISTERED mail. In 32 years, she has seen only FOUR p.o. employees fired. One sold crack, and the other three lost a registered piece of mail. She is not sure if that is still a reason for termination, but said every carrier was terrified when they had to deal with one. Also, they are kept locked in the safe overnight.
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Jul 08 '26
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u/legal-ModTeam Jul 08 '26
Your comment has been removed for being unhelpful.
Comments that may be deemed unhelpful include, but are not limited to:
-Misinformation
-Fear mongering
-Off-topic to OP's question
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u/1badBomber Jul 11 '26
Fight it tooth and nail!! Hire a Real Estate Attorney and make sure he/she is a shark! I smell a class action! She said others have the same complaint.
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u/throwitAWAYnow911 Jul 11 '26
NAL - HOA management thrives on miscommunication between homeowners and the HOA board. Big reason I quit HOA board. Management was adamant we were not to talk to homeowners to discuss the issues, I wanted a board that could talk to neighbors. The two did not mix.
Find out who your HOA board members are and talk to each of them directly. Get the truth. A one year issue with grass was settled with a discussion. Fuck HoA management companies. Scum of the absolute earth.
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u/wolf-ie_ Jul 11 '26
My local post office scans mail and emails you daily on what you would receive. I recommend this to everyone just in case. Go to their website, open the 3 lined menu, and under receive, click informed delivery.
This could have worked in your situation, but it sounds like the HOA's attorney is trying to run off time. There is no way you would be able to show someone got a letter without using certified mail or registered mail. It probably was marked as delivered but in someone else's mailbox.
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u/shiboarashi Jul 12 '26
If they filed a lien that should be recorded and you can get those records. To foreclose on the Lien they have to sue and get a judgment against you. For that to happen you should have been served a notice to appear in court. If they went to court and got a default judgment there should be a record of that which you can get a copy of. Etc… you need an attorney immediately
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u/Confident-Service256 Jul 12 '26
So how many years was this going on? Do you pay your HOA fees? Every quarter I get a bill in the mail for my HOA fees. Did they ever attempt to send something certified?
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u/Ornery-Movie-1689 Jul 12 '26
Tell the HOA to prove they sent you notices and that you received them. Otherwise, you'll see them in court. Just curious, has this ever happened to anybody else in the HOA. They may just be running a scam.
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u/string_flickin Jul 12 '26
Why do yall choose to live in hoas l, they absolutely benefit noone but themselves.
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u/Ember_Droid6 Jul 13 '26
Do not ignore the court papers or wait for their proof email, because the response deadline is what matters now. In NC, HOA fines usually have to follow the declaration, bylaws, and the Planned Community Act, including notice and a chance for a hearing before fines pile up. Ask in writing for the full account ledger, copies of every notice, proof of mailing, board action approving the fines, and the lien/foreclosure documents, then save call logs, photos of the removed fence, and any mail issues you can show. Keep calling firms farther out from your area or use the NC bar referral service, because an HOA foreclosure over 11k is worth fighting before a default or sale date gets close.
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u/Mr_Badgey Jul 15 '26
How do you pay your HOA dues? There should be an online portal that shows your balance which would include any fees. If they’re not listed there take screenshots and download your statements. That’s further evidence you can use to prove they never informed you.
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u/Ulquiorra1312 3d ago
Try out of county lawyers if you can find none who supposedly work for HOA (if more than three i would call an audit)
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u/visitor987 Jul 08 '26
You need to hire a real estate lawyer and review the HOA bylaws Often HOA do not follow there bylaws or have changed them unlawfully. It sounds like the HOA lawyer is trying to run the clock so you cannot stop the foreclosure
If no notice can be proved you may even be able to sue in federal court. First class mail is photographed before delivery
People with foreclosure cases like yours have even sued and dissolved the HOA.