** All Homeowners **
As mentioned in a previous post, I met with a lawyer to discuss the issues surrounding our dues collection. The discussion included Liens, Judgement Liens and Foreclosures, along with the cost to homeowners. As a board we have decided to retain this lawyer at the cost of $1,000.00 which will be divided and added to the dues of the homeowners with delinquent balances, per our bylaws.
The HOA will be turning over all information about delinquencies to the lawyer to pursue legal action. All money used for legal action will be passed on to the homeowner. According to West Virginia law, all homeowners entered a contractual obligation as part of the deed when they purchased the property to pay their dues to the HOA.
The cost for the lawyer’s services is listed in the letter below, and I have included the article in our bylaws stating that the cost for the retrieval of collections is the financial responsibility of the homeowner. Additionally, it is important to note that each retainer is for each homeowner, so if we move to foreclose on a delinquent property, then that charge to the owner begins at $3500.00 and rises from there. This is in addition to their outstanding dues.
We as a board have exhausted all possibilities and regret that it has come to this, but it is not right for only some in the subdivision to pay for the roads, drains, and other amenities we all use and benefit from. Thank you for your cooperation in this matter, and please contact the board if you have any questions.
Please, if you have any questions contact the board in private, we will not discuss financial matters online.
ARTICLE 28: Lawyer Fees and Legal Fees Recovery Judgements
FPHA is entitled to collect all attorney fees from the homeowner that is involved in any
Delinquencies, Non-Payment, Servitude, Foreclosure, Collections or any other matter
which may arise, that would require FPHA to seek council through any attorney.
(Adopted February 2020 Annual Meeting)
Lisa Moye
From:lisa@moyelawoffice.com
To:ckevc@aol.com
Wed, Jun 26 at 9:56 PM
Hi Charles,
Good evening.
It was nice to meet with you recently concerning the needs of your Homeowners Association.
I am providing the below attorney fee pricing per your request:
If the Association would like to place a retainer for general assistance with letters to homeowners, Notices of Liens, etc., the retainer would be $1000.
If you are wanting to pursue a civil action to obtain a judgment, the retainer would be $2,000.
If you would like to pursue an action to foreclose, I would first need to review your covenants and by-laws in accordance with WV law, and conduct a title examination, but the retainer fee would be $3,500.
These retainers would be billed against at my hourly rate of $300, with my paralegal's time billed at an hourly rate of $125.
If you have any questions, please feel free to contact me. Thank you for giving me the opportunity to assist you.
Thank you!
Lisa M. Moye, Attorney at Law
Moye Law Firm, PLLC
Winfield Office
12458 Winfield Road
Winfield, WV 25213
Cell Phone: 304-590-6338
Office Phone: (304) 936-6147
Ext – 102
Fax: (304) 936-6149
Cross Lanes Office
Moye Law Firm, PLLC
116 Prosperity Place
Cross Lanes, WV 25313
Phone: (304) 693-2331