Home Association dues


#1

I’m not certain about the legal fees but I would think that you would both be responsible. And that the lien would have both names on it. It sounds like your STBX being friends with someone on the board and her not being included in the suit would need to be brought up at the next board meeting as a conflict of interest.
If your STBX is refusing to pay a portion of the fees and that was not addressed in the separation agreement, then it’s possible that would be something the courts would need to place responsibility for. A separation agreement is just that, an agreement. If you do not agree to Equitable Distribution, which is where this would fall since it’s fees accumulated prior to separation, then the courts will need to divide assets and debts.
My suggestion, if you haven’t already, is to file ED and have this included. Keep records of where you paid your portion, or more than your portion, and if it comes down to you paying the rest to keep it from going to legal steps, she should be required to reimburse you.


#2

Usually in civil law, if two or more people are responsible for a bill, the biller can go after either party they want. Although it is a hassle, it’s probably best to go ahead and pay then get it back from the ED. I sympythize with you. I know how it feels to clean up for the other’s indifference for their financial responsibilities.


#3

Thanks for the advice. We are trying to sell this house, and although I have offered to help, I have been given the cold shoulder. My fear was that good effort may NOT be given on her end to sell (ie keep the yard up etc…) Since I can’t check on the INSIDE of the house, I went to take a picture of the OUTSIDE of the house from the street and then the back from a neighboring yard. I want to try to post in a Realtor sell by owner site. I think that would be acceptable. However, she informed me that I was in breach of our SA because I was on her property. I thought the agreement was only for entering the RESIDENCE without permission, not for the surrounding property. I wasn’t even in the yard, I was in the street and a neighbors yard. I think I have a right to make sure all is being done to sell this house since she won’t keep me informed. Did I violate the agreement? It’s the standard wording for being in the residence. I did go onto the yard to get a flyer from the sign so I could look at it (one was never sent to me).


#4

The answer is that you are both responsible for the fees that were assessed prior to the date of separation as they are a marital debt. The ones assessed after the date of the separation are the debt of the party who lived in the residence. This will create problems for you when you try to sell the home, if it is not much money you might save yourself a lot of hassle by trying to sell it. You should also review the language in your separation agreement to see if this issue is covered.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

I agree to check your agreement wording about you being on the property. If you did not go onto the property then I would say that you did not violate it. The street is public property and as long as the neighbor didn’t mind you being on their property there should not be an issue. If she is not willing to furnish you with what is needed to sell the home, (pictures, description, or is making the sale of the home not possible) she may be in violation of the agreement herself. Since you are still on the mortgage and the deed, you will have to be notified if there is a potential buyer.
I would suggest talking to your STBX and find out if there’s any way to make this more amicable. You guys are going to need to work together or the sale of the home is going to be very difficult for both of you.


#6

If the house is listed with a real estate agent you may cause a significant problem if you list it as For Sale by Owner. While you did not technically do anything wrong, the best policy is that you should stay away from her house.

If it is listed with an agent and your name is on the property, I would call the agent and ask her if there are any issues she feels needs to be addressed before the home is sold.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#7

I have moved out of our marital home. We are now splitting mortgage payments 60/40. We have back due home owners association fees that we are being asked to pay. We are in the midst of trying to sell the house. I have paid more than 1/2 of this fee (around $750.00). Wife refuses to pay the difference. Association is threatening to put a lien on the house this week and charge ME with the legal fees if I don’t pay. Seems that I am being the one targeted, not the STBX eventhough it is “our” house legally (deed and mortgage). STBX is good friends with a lady on the board, so I don’t know if that has anything to do with it.

Question 1: Am I liable for the whole part? These fees go back several years…way before the separation. It is not addressed in the separation agreement anywhere. I am in charge of paying the first mortgage payment and STBX is in charge of paying second mortgage (much less of a payment).

Question 2: If they put a lien on the house, doesn’t that mean they’re ‘suing’ both of us…not just me? Wouldn’t we BOTH be liable for any attorney’s fees?