Association sues former owner

The Edgewater Isle North Association filed a lawsuit in Superior Court on March 10 for a former homeowner's unpaid dues for $7,397.44 (which includes junk fees).

The former owner abandoned the property and it was in foreclosure proceedings. The Association did not pursue collecting the dues when the amount was under $5,000 (the limit for a corporation to sue in small claims court) and now has to file in Superior Court to pursue the unpaid dues.

Edgewater Isle North sues former homeowner for unpaid dues

delinquent dues at Edgewater Isle leads to small claims lawsuitThe full complaint shows the details of the Association's case.

The defendant never responded to the complaint, and in fact, ignored all notices and deadlines for defending himself. As a result, the Association received a default judgment against the defendant.

The defendant never paid this amount, and by July 2019, the amount due had increased to more than $16,000. The Association then assigned the amount due to Allied Trustee Services.

Edgewater Isle North judgement after service of memorandum of costs and order granting attorney's fees

 


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If the HOA Sues You

If the association has failed to perform an obligation of theirs, it does not negate your requirement to pay dues. The homeowner is required to pursue a separate path to remedy any dispute with their homeowners association. This means the homeowner may be required to sue their association while continuing to pay dues. By the time the association sues, your debt will potentially double, and you'll end up paying a lot in junk fees to resolve the case.

If you are behind in your dues to a homeowners association, you are better off arranging a payment plan with them. A homeowner cannot win either a superior court case or a small claims case brought by their association.

The CC&Rs of your homeowners association govern the collection of these dues. It is ironclad and 100% in favor of the association over the individual homeowner.