Q: My condominium association is threatening to foreclose on my home over an unpaid assessment of $380 from last year. I had a financial hiccup, and, by the time I had the money, the interest, late fees, and their attorney’s fees had grown to more than $3,000. Can they really take my home over this? — Diane
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A: It is terrifying to receive a letter like that, and you are right to take it seriously. The hard truth is that a community association can foreclose on a home for even a very small unpaid assessment, and the fees that pile on top almost always dwarf the original debt.
The good news is that you still have time to fix this, but you have to act now and do it right.
Before you write a check for anything, get the paper trail. Sometimes, associations make accounting errors or record duplicate charges in the ledger. Associations are also required to send specific written notices before they can add attorney’s fees, record a lien or file a foreclosure case.
If the association skipped a step or used the wrong form, the attorney’s fees portion of your bill may not be collectible at all. That alone can reduce the demand back to the original $380.
If your ledger is available online through the association’s portal, review it carefully. If not, request it in writing and ask for a ledger that lists every charge, when each was assessed and when each notice was sent. Email it, but also send it by certified mail.
If the ledger shows errors, politely bring them to your association’s attention and try to work with them to resolve the dispute.
Now, for the part that surprises most homeowners. You generally cannot send a partial payment with a memo line directing the association to apply it only to the assessment.
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The law usually requires the association to apply your payment first to interest, then to late fees, then to attorney’s fees, and only then to the assessment itself.
Writing “for assessment only” or something similar on the check accomplishes nothing. The fees keep growing, and the snowball keeps rolling.
Do not ignore this problem, as the fees and costs will keep rising, and you will quickly find yourself in a position where you must pay an unnecessarily large amount to avoid foreclosure and the loss of your home.
If the foreclosure lawsuit has been filed and you have money, even if you disagree with the amount owed, you may be able to deposit the amount with the court and allow the judge to look into the mistake, so the debt does not continue to grow.
If you do not have the money, try to negotiate with your association’s attorney for a repayment plan that will help you get caught up and out of this crisis.
If your association’s attorney doesn’t want to work with you on this, you can ask the court to order “mediation,” where a trained neutral can help you and your association’s board resolve the differences.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at [email protected], or go to SunSentinel.com/askpro.
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