So I'm kinda freaking out. We got a notice attached with the boards decision to foreclosure a supposed lein on our home on Saturday from their atty stating if we don't pay the full amount due in 3 days (they didn't state the amount however) the are proceeding with foreclosure. This is the FIRST correspondence we've recieved in writing from them in years. Here's the back story. Our HOA dues change monthly, because it's a new community it depends on the # of homes built so far and new common areas, pool, parks etc. Because it's not a fixed amount that we can just send the same amount in a check (and they often failed to send us a bill), We set it up with the management company to auto debit whatever amount was every month. Some time ago they switched management companies and didn't notify us. Apparently when they did so, they transferred everyone's auto-debit over somehow, and our home got overlooked. So here we are thinking we've paid it and they haven't been debiting it from my husbands account.....for 26 months! Yeah, my husband is an idiot for not noticing it didn't debit from his account, I know that you don't have to tell me! He started taking care of the bills when I fell ill 4 years ago. He's not the best with money to start with, then add working 50 hrs a week and being a full time caretaker for me, and a this slipped through the cracks. So anyway, my Dad took over paying the bills recently because I'm not getting better and my cognition is getting worse, and my husband just isn't good with money (he also missed a mortgage payment when we bought our car because he still spent as if we didn't have a car payment.) So we caught up on the mortgage, no problem, but in auditing his accounts, trying to streamline and get my hubby to actually follow a budget, my Dad noticed they weren't debitting the HOA anymore, and hadn't for 26 months! We called them to see why and they gave us the new management company website. When we tried to make an account we couldn't because there was no record of us with the new management company. We called them and again initially, no record of us, said they'd get back to us. When they did they said we owed $3700. We decided to send them a letter because our HOA max is $109, so we owed them $2900 in back assessments (the rest was fees and interest) and we wanted to workout a payment plan and see since it was a clerical error if the could waive at least some of the fees and interest, not all (because we are partly culpable seeing we didn't notice either). They didn't respond to us, so wc called and they told us we had to wait until the board voted. This was late November. We still never got a response from them, they just sent us a notice that they decided to foreclose! So here's my question. A.) Do they have to give us a notice prior to filing a lien? And if so does it have to be "served" or mailed certified? (Because WE are the ones who alerted them to our delinquency and the only written notice was this letter saying they are foreclosing a lien...like it already exists.) B.) Does that lien have to be recorded? (Because there is no public record of it) C.) Is there a timeframe we legally have to respond? They gave us 3 days? D.) Do they have to give us an accounting of what we owe? This letter didn't even have a full pay off amount. E.) Any advice? It seems like they are bullying us into paying it because they feel like idiots for not noticing, and not following proper procedure. They are also sending us the standard HOA bullying notices for trash cans in common areas (apparently our side yard is common?) and "unauthorized modifications to the front yard". Our grass dried during the drought restrictions, so we ripped it out and the weeds out (It's just dirt now where the grass was) and it's been 90 plus degrees (112 in the summer) where we live until December, so we couldn't replant sod. Other than that our yard is fully maintained. We were gonna put artificial sod but it's $150 to submit plans to the HOA to change your yard, so we were just gonna plant winter rye now and sod in the spring. A bunch of neighbors have made changes to their front yard without seeking approval and didn't get notices, one guy even put a piece of re-used artificial turf with the yellow line still on it! Other's have lawns full off weeds or dead grass and no notice (because we are still in a drought.) So they are just being mean and singling us out. Also they said we have to appear at a hearing to see if they'll fine us or take our community privileges away for the lawn and trash cans . Do we not get a warning and chance to remedy the violations first? Everything was cool until we noticed them of the error and now all this! What do we do? Help! This is our first home my only previous experience with HOA is my Mom's house and friends.
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