North Association sues homeowners who allegedly never paid dues

On Wednesday, September 18, 2013, the Edgewater Isle North Association (through their collection agency Angius & Terry Collections) filed a small claims case for $5,000 for unpaid dues against two former homeowners, Andrew Limcaco and Jennifer Limcaco. The Limcacos defaulted on this property in 2007.

Since purchasing the condo in 2005, public records appear to show that the owners appear to have failed to ever pay HOA dues for the condo. Along history of liens and unsuccessful previous collection actions follow the Limcacos and this property beginning in February 2007, shortly before the homeowners filed for Chapter 7 Bankruptcy in August 2007. (Both Master and North associations were listed as creditors in the bankruptcy filing, negating the liens that had been filed.)

The small claims hearing is scheduled for November 13, 2013.

2021 Vista Del Mar, San Mateo is foreclosed on by Edgewater Isle homeowners association

Former owner fails to show at small claims hearing

The North Association (through their collection agent Angius & Terry Collections) dismissed Andrew Limcaco from the case but not Jennifer Limcaco.

At the hearing today, Kristin Harding appeared for the association and identified herself as "a representative of the homeowners association." Why she didn't identify herself as an employee of the collection agency is unknown.

Defendant Jennifer Limcaco did not appear at the hearing although she was properly served.

Edgewater Isle North wins small claims case

The Edgewater Isle North Association received a judgment in its small claims case against former owner Jennifer Limcaco for unpaid dues of $5,000.

The Association is now free to pursue collection actions against the defendant if she does not pay or appeal within 30 days.

Abstract of judgment recorded against former owners for unpaid dues

The Edgewater Isle North Association recorded an abstract of judgment against former homeowners for unpaid dues after a small claims court hearing on December 15, 2013 (previously reported below).

With a judgment, the Master Association can begin collection activities. Collection activities can include garnishing wages or attaching a bank account (taking money out of the judgment debtor's bank account). The Abstract of Judgment will mean that any property the judgment debtor sells within the County will be subjected to that judgment, and amount of the judgment is sent to the Association before any proceeds going to the judgment debtor.

The Association is now free to pursue collection actions against the defendant if she does not pay or appeal within 30 days. Collection activities can include wage garnishment or property seizure.

2021 Vista Del Mar, San Mateo is foreclosed on by Edgewater Isle homeowners association

 


Contact Us

contact usContact us with questions or comments.



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 must continue to pay dues while pursuing a separate path to remedy any greivances with their association.

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, and it is ironclad in favor of the association over the individual homeowner.




Kelly McGuirk's Criminal Past

On and off again board member had access to the HOA's checking account while being a convicted thief.

1986: Convicted of Theft
1993: Convicted of Thefts
1995: Convicted of Theft
1996: Convicted of Theft
1997: Convicted of Theft
2008: Convicted of Theft
2009: Convicted of Theft
2016: Arrested for Assault