South files superior court case against owner

delinquent dues at Edgewater Isle leads to small claims lawsuitAfter filing a lien against a homeowner for unpaid dues, Edgewater Isle South filed a superior court case against a homeowner for delinquent dues on April 20, 2004. While the homeowner was paying dues, she had not paid the current dues but had continued to pay the amount due from 2 years earlier.

The case was heard on August 12, 2004, and the defendant did not appear. The association received a default judgment against the homeowner.

On September 2, 2004, the Edgewater Isle South association moved for the sale of the condo and a debtor's examination hearing.

Debtor's Examination

The debtor's examination hearing was held on December 7, 2004. The defendant homeowner did not appear. A bench warrant was issued against her for the judgment amount of $5,464.

bench warrant issued against homeowner who failed to appear for debtor's examination hearing

Resolved

On August 26, 2005, the delinquent homeowner paid this judgment, and the case was closed.

But then .....

The homeowner continued to fail to pay dues, and the South association filed a second complaint for delinquent dues on December 6, 2007.

On March 19, 2008, the association again received a default judgment against the defendant:

Dues:
$8,820.50
Costs:
  $284.95
Attorney Fees: 
$1,140.00
 
 
Total judgment	
$10,545.45

 

 


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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.