Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
What are my legal rights as a homeowner in regards to this situation? My HOA has served me with legal papers stating I’m being sued for HOA dilinquent fees, where at least 70% of the amount owed are attorney and legal fees? My husband and I each incurred major injuries since our last payment arrangement with the HOA that disallowed us to pay our bills due to no income.
Question: This sounds like a situation that can’t be answered without looking at the previous agreement. HOAs typically have the right to impose fees, and to charge homeowners for costs of collection, but if you have a specific agreement with your HOA it would probably override the normal rules. You need to have someone review the agreement to be sure.
