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Monday, December 10, 2018
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Subject: Past HOA fees
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Author Messages
AnnetteR1
(North Carolina)

Posts:1


12/06/2018 10:43 AM  
Is there anything that governs North Carolina when there are past fees on an HOA and the attorney provided a document stating there were no HOA past dues and a year and half later the HOA is saying it's not their document and there is a fee due. This the Bumgardner Management that is manageing the HOA in Charlotte, NC.

MelissaP1
(Alabama)

Posts:7762


12/06/2018 4:08 PM  
Read the posting rules. We don't post names of MC's or HOA's. Just keep it general.

As for past dues, was this when it was sold? Some states like Florida does have it so the buyer could be responsible for past dues owed by the seller. This is why having a lien in place is better for a HOA. It could not sell till those dues were paid off. Not having one in place, could mean nickel and dime charges could still exist. Plus there is a period of time where the new owner may need to pay the difference from when house sold.


What do you want to do with these charges? Want to find out if they are chargeable? An accounting mistake? or better yet an excuse to sue someone?

Former HOA President
TimB4
(Virginia)

Posts:16045


12/06/2018 4:11 PM  
Annette,

Please read the posting rules (big smiley face saying posting rules at the top). The mentioning of names is not allowed.

Welcome to the forum.

There is likely some back story to this that we don't know and you might not know.
There are ways that this could have happened:

A bankruptcy was filed.
A settlement was reached.
The home sold (or changed ownership).
The Association messed up and issued a binding statement that there was a zero balance at some point in time.
It's also possible that the Association books have an error.

If you are on the board, you might want to consider paying a CPA to perform an audit. The CPA should be chosen by the Board, not the MC.

Hope this helps,

Tim
LetA
(Nevada)

Posts:550


12/07/2018 10:52 PM  
What is your role in this problem? are you the homeowner just now getting a bill for past monies owed?
If you are, I would suggest calling the title company that handled your closing. There should have been an estoppel letter that the HOA provided that there were no assessments due on the property, the same goes for a title search if there was a lien on the property. If that is the letter you are referencing then match that letter with your closing documents with the title company. Your title company should be a better provider of information for you.
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