$147.00 HOA Assessment Ends with HOA Judgment for Over $10,000.00 Plus Additional Attorney Fees

This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over Association’s claim for unpaid assessments and the imposition of a lien on Owners’ property without first providing Owners with an opportunity for a hearing.

In January 2016, Owners failed to pay their annual assessment of $147.00 to Association. In February 2016, Association assessed a $20 late fee and advised Owners that interest was accruing on the unpaid amount and that a lien would be filed if the assessment was not paid. In April 2016, Association recorded a claim of lien against Owners’ property for $525.52, which consisted of the original assessment amount, late fee, interest, and the cost for recording the lien. In August 2016, Association filed a complaint against Owners seeking a money judgment for the $525.52 plus interest, attorney fees, and an order validating the lien and authorizing foreclosure in the event of non-payment. Thereafter, Owners made a payment of $200.00, leaving a balance of $325.52 exclusive of interest and attorney fees. The trial court granted summary judgment in favor of Association for $325.52 in unpaid assessments, plus an additional $9,540.00 for attorney fees and $429.00 for costs. Owners filed an appeal.

On Appeal, Who Will Prevail?