Homeowner gets HOA bill and can’t find out why
Q: Our homeowners association management company has sent us a pre-statutory notice asking for $290.62. We sent them back a response stating that we have no idea what these monies are for because they did not provide a breakdown. They also stated we had 14 days to request a board hearing and a dual payment plan. We requested the board hearing. They stated we had 30 days to pay the debt. We are getting near the 30-day period. We have contacted them by e-mail and secured mailings. However, we get no response.
So, our question is should we pay the $290.62 within the 30 days? Please keep in mind with the 14- to 30-day notice they also included a list of fees that could be applied even while waiting for a board hearing.
They also threatened charges for a collection agency. We believe this is extortion by intimidation. If we pay the $290.62, do we have a prayer of getting any of our money returned? Coincidentally, for the first time in 11 years we had a recent HOA monthly check not cashed. We just mailed a replacement check and 02/01/22 payment by certified mail. Was this an intimidation game by the management company? We appreciate your help in this matter. As we have become distraught and unhappy to live at our home.
A: Under Nevada Revised Statute 116.31162 (1b1-2), the association is required to describe the deficiency in payment. Under section 4 of the law, the association has to deliver a schedule of fees that may be charged for non-payment, a proposed repayment plan and a notice of the right to contest the past due obligation at a hearing before the board and the procedures for requesting such a hearing.
I would recommend to you to first pay the assessment under protest, so as to avoid any additional fees. Second, send a certified letter requesting a breakdown of the delinquency and a hearing with the board. If the association fails to comply, file a formal complaint with the Nevada Real Estate Division.
Barbara Holland is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.