my property management company also represents my HOA,

my property management company also represents my HOA,

Wholesaler · Mcallen, TX · Member since 2016 · 9 posts · 0 votes

I have one small rental property managed being managed by the same company that manages the HOA where my property is located. I have just been served for nonpayment of HOA dues. A lien has been placed on the property. A tenant has been residing in the property for over a year and a half. I have never received notice of due payments from the management co. Does the property management co that manages both my property and the HOA have a duty to inform me properly of the overdue payments. They know I don't reside there, they have my address where I live, I have been in communication with them over the past year through email and phone calls, they receive payments from me and deposit money into my bank every month. The first I have been made aware of this I when I was served last night. The lien was placed on my property in Nov of 2016, how can that happen without me knowing about it.

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  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Spencer Hansen REALLY!!!! How absurd. I have seen that if the property appraiser does not have your new address, they will send to the address listed in the county site. I guess they have no obligation to "investigate" where you actually reside. Sometimes these are two different departments; management & HOA, and they dont talk to each other. I would get this paid ASAP, they could possibly foreclose on your property for unpaid dues, and or try to collect your rent. The money is due and payable.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    9y

    I would be on the phone with the HOA Manager immediately. If it's the same individual that acts as your Property Manager, I would demand an explanation for the lack of communication.

    You said they receive payments from you. Does that mean you are paying your HOA dues every month? Have you verified the payments were received? I don't understand how they could file a lien without communicating first, particularly when they are sending your payments and obviously in contact with you.

    If it were me, I would give them 72 hours to clear that lien or I'd be contacting my attorney. I would also find a new property manager and consider writing a letter to the HOA Board to complain about their HOA Manager.

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  • Wholesaler · Mcallen, TX · Member since 2016 · 9 posts · 0 votes
    9y

    They were hired by the HOA the same month I hired them to manage my property. Up until that time the HOE was practically non existant

  • Wholesaler · Mcallen, TX · Member since 2016 · 9 posts · 0 votes
    9y

    I have spoken with the Management co. They explained that the HOA management and rental management operate as a separate business,( even though they are in the same office, use the same secretary and the agents have the same last name). They are accepting some responsibility on not properly notifying me and are working to release the lien and dropping the litigation ASAP.

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