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Validation Question in California regarding HOA Assessments

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Posted by Xer ( on April 26, 2004 at 19:01:03:

This question may go a bit off topic, but I have a question regarding collecting of a Homeowner's Association (HOA) monthly assessment Debt.

My HOA recently turned my account over to a collection attorney to collect on late assements and various late & administrative fees. The attorny sent me a letter threatening up to foreclosure on my house if the amount wasn't paid within 30 days. I'm uncertain how credit collection laws apply to HOAs, but the letter had the standard "dispute within 30 days" language similar to what I'd see on a first communication from a Collection agency. I immediatly wrote a letter of dispute (as there truely is some dispute here) and haven't heard a word back in over 30 days.

I'm sure at some point there will be a some type of validation. My questions are:

1. Do the Validation laws apply to HOAs once they've turned it over for collection. (I don't want them forclosing on me while I'm awaiting Validation)

2. If they do apply, how much validation do they need to give me?

With regard to the 2nd question, do they need to go back and show all the payment history from day one? In this case it would be 11 years. Also, do they need to show some type of document showing that I have agreed to make monthly association payments? For the life of me, I can not recall ever signing such a document and would be really interested in seeing it as I would think that something like that has to exist?

I also question how legal the fees they charge are? At 30 days late they charge you $10 (Late Fee), after 45 days(15 days after the last charge) they charge you $50 (Pre Lien Letter), at 75 days they charge $175 (Lien Preparation) and at 90 days they charge another $50 to write you an "intent to lien" letter. It's seems that 4 charges within a 60 days window is a bit extreme?.....And of course now the attorney wants another $250 in fees.

I know it's a tad off topic question, but I would appreciate any input from anyone who has facts, ideas or thoughts on the subject.


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