Ok, so I have a home that has a homeowners association (truly jerks). Anyways, the HOA files a lien with the county recorder on our property for unpaid monthly dues, listing all owners of the property on the lien - three owners. One of the owners never received any notification of the intent to file a lien, or for that matter, the HOA policies regarding a lien. Is this a violation of the FDCPA? Taking action to collect without notifying all debt holders? I know I read somewhere the HOA falls under the FDCPA. Or how about if I pay the lien off entirely, and a few weeks late, the HOA sends letters I owe an additional amount (really a fictious amount) and they will hand the file over to a lawyer to start foreclosure proceedings? I paid the lien off entirely, there was no balance, the fictious amount were new charges that were concurred after the lien was filed and still not duem they were next months due's and a NEW PARKING FINE! Do you think the person who was not nofified can file in small claims and get back the fees associated with filing of the lien (already paid-under protest-about $600 in fees)? Thoughts??
I would double check about the status of HOA's. I believe they are OC's. You would also probably want to check your state's statutes that govern HOA's. They vary in their powers and duties from state to state (TX is trying to restrict their powers).
Well, jlynn, I did some research on CA law, and answered my own questions. For the record, according to Caliornia Civil Code, yes, an HOA can fall under FDCPA. And, yeah, those jerks should have notified ME before they filed a "nonjudicial lien" (a lien filed without court) Those old farts won't be happy about this. I want a REFUND!!!! (with interest, of course)
Well go get em! As I mentioned earlier some groups are trying to get TX laws changed to restrict HOA powers. They have waaaaay to many. Another ex. I spoke to an old friend in FL last night. He requires a truck for employment. Has had it for a couple of years now. The HOA is fining him $1,000 per day (no that is not a typo) for parking it AT HIS OWN HOME!!!!!!! They tried it a few years ago with another truck, he took them to Court, and won, and now they have started all over again. Unbelievable.
