Saturday, October 24, 2009

Possible lien on my house, unfair?

When I closed on my house, I had some off-colored shingles the HOA said I had to replace within 10 days. The seller agreed to pay for this, and put the money in an escrow account for the HOA to release to the contractor. Well the contractor replaced the shingles, he charged $250. The HOA are dragging their feet releasing the money to him, and now he is threatening to put a lien on my house. Can he do that? How? I'm not paying him, the seller is, and the HOA is the authority to release the money.
Also, I don't appreciate these threats. If he is within his rights then fine. But if not what can I do, who can I complain to about this?
Answers:
Contractors have a limited time after completing work to record liens for non-payment. So he may have to record one to protect himself. In that case he may be entitled to additional lien costs.
Is the HOA complaining about the installation? Or are they just being dilatory. If the latter you can notify the HOA -- IN WRITING -- that you will hold them responsible for the costs of clearing any lien resulting from their inaction.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
Get to the right person at the HOA.get NAMES and TIMES YOU HAVE SPOKEN with.write a CERTIFIED LETTER to THEM STATING WHATS GOING on and TELL THEM YOU ARE PREPARED to take it TO SMALL CLAIMS COURT.Tell the CONTRACTOR WHAT you are doing and HOPEFULLY he will see YOU ARE DOING SOMETHING and back off.
As with most things legal, stuff varies state by state. But in many states a contractor can but a lien on any real property they repair if the repair was authorized by the land owner.
You can sue HOA. Honestly if we are talking about a house worth tens or hundreds of thousands of dollars I would pay the $250 and chalk it up to being screwed. That will be cheaper than getting an atty.

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