How should I proceed with my unpaid HOA fees that led to litigation?


July 30, 2025 16 5

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HOA fees turned into litigation.

I'm sorry to hear about the issue with your HOA fees turning into litigation.

Have you been in communication with your HOA regarding this matter?

Yes, but the fees being charged are excessive and negotiating has been difficult.

Can you provide more details about the specific reasons why your HOA fees have led to litigation?

Failure to pay due to income loss, which I’ve now rectified — including entering into a loan modification agreement with my mortgage company to make the housing note more affordable.

Is there anything else the real estate lawyer should know before I connect you?

Rest assured they’ll be able to help with your HOA fees turning into litigation.

Yes.

Michael M. Esq.

Hello! My name is Michael, and I'm an attorney ready to help!

Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.

Did you get sued in court?

No, I was just served, and I reached out to the attorney to negotiate a settlement.

Michael M. Esq.

I'm so sorry about that!

What is the status of the settlement matter?

$1,600 has turned into almost $8,000.

Michael M. Esq.

Understood! Now that I have this info, what is your legal question for me?

Still negotiating at this time — they’re waiting for me to submit a second offer since my first one was rejected.

Michael M. Esq.

Thanks! Can you clarify your question for me?

My HOA fees are $600 per year. I’m only behind one year.

What’s the best strategy to get them to reduce what I owe down? Or am I better off proceeding in court with a judge?

I now have the means to pay both the past and present bill, but they’re trying to bill me an additional $6,000 — which is excessive and beyond my means.

Michael M. Esq.

Short answer: In this situation, it’s usually better to keep negotiating directly with the HOA’s attorney rather than going to court.

Why? Because judges often uphold HOA claims for fees — including late charges, interest, and attorney’s fees — if those are allowed under the HOA’s bylaws.

Strategy:

  1. Submit a second offer showing you're ready to pay the original overdue amount and reasonable fees.
  2. Highlight your good faith, current financial stability, and the fact that you’re now current on your mortgage.
  3. Ask for a discount in exchange for immediate payment. Many creditors accept 50–65% of inflated balances to settle quickly.

Tips:

  • Be persistent with follow-ups — use both calls and emails.
  • Review your ledger and HOA docs carefully — check for billing errors or unauthorized charges.
  • If they’re uncooperative, consider hiring a debt relief or real estate attorney, but doing it yourself can save money.

You can draft your own debt settlement offer to them.

I've uploaded a template debt settlement document to the site to help.