Is it legal for a California HOA to:
1. Add a $150 attorney's fee for "foreclosure monitoring" to a homeowner's account 28 days after the foreclosure took place?
2. Collect that fee by withholding the $150 from a refund of HOA monthly dues paid by the homeowner to the association a few days prior to being notified of a trustee sale?
Details: I filed chapter 7 bankruptcy 8.6.10. Past due HOA debts and lien included in filing. Paid HOA dues on time post-bankruptcy, so my account is not delinquent. Trustee sale 9.28.10, investor/purchaser only notified tenant. I notified HOA and requested the October HOA dues refunded. They said they needed to confirm change of ownership prior to refund. Auto-pay issued November dues check which I told them was a mistake. They cashed it anyway, but confirmed lender was new owner and they billed the lender for October and November dues. Requested 2 month's dues refund again, HOA management company said it had to confer with Board of Directors. BOD approved refund of two months of dues less the $150 attorney's fee based on an invoice the HOA received on 10.25.10! I have requested, but not received, the civil code or case law that supports their ability to assess and collect this fee in this manner. Can you address this?
