A $40 HOA bounced-check fee became a $9,000 bill in 8 years and could cost them their home

When Darrin Wargacki and his family moved into their West Chester, Ohio, home in 2009, they planned to stay for years. As days went by, raising the three boys in his house, his love for the house intensified, and he mused about living in this house throughout the coming years. Today, 17 years later, HOA is threatening to close his house because of a $40 fine that he failed to pay, which has compounded to a whopping $9,000 over the years, according to a July 24, 2026 report by Local 12 News.

He had to sell his son's college car

In 2018, Wargacki wrote a $240 check for his association dues, but it bounced. He wrote another check, which cleared. However, he said the HOA continued billing him a $40 returned-check fee, which he refused to pay because he had never seen proof of the bounced check. Over the next eight years, $50 late fees and attorney fees brought the balance to nearly $2,000. In September, the Beckett Ridge Association filed to foreclose on his home. Wargacki had to sell his son's college vehicle. “I paid $1,985 and zeroed out the balance,” he shared with the news outlet. Or so he thought. But he later received another $6,350 bill for association attorney fees, bringing the total to nearly $9,000.

However, the HOA wasn’t done yet. Wargacki then received an additional association attorney fee of $6,350, which escalated to $9,000, a sum he can’t afford. But while he clings to his house, Karel Costa-Armas of Homeowner Association Consulting asserted that the foreclosure filing was important. According to Costa-Armas, it was part of the HOA's effort to enforce its rules consistently. “The enforcement must be there, or if you don't do that, then you allow for everybody to just run amok and then claim that you gave Freddie a chance; why didn't you give Susie a chance?” explained Costa-Armas.

Since 2016, the Beckett Ridge HOA has filed 47 home foreclosures, but nearly every time, it was settled after the owner paid the back payments and dismissed the charges. 

A hefty dispute

HOA disputes can become financially serious when unpaid fees or fines accumulate. A 2024 faculty paper from Barry University School of Law noted that, depending on the state, an HOA can place a lien on a homeowner's property over unpaid assessments or fines and may eventually pursue foreclosure. In some states, the paper noted, a lien can be placed over as little as one unpaid assessment or a debt of less than $200. Attorney fees and other legal costs can then add significantly to the amount owed, sometimes far exceeding the original debt.

Divided opinions

The case sparked a debate online, with some viewers arguing that Wargacki should have paid the original $40 fee instead of allowing the issue to escalate. “There are many ways this could’ve been resolved, but he let it snowball every year,” Kerry Hendel wrote. Amy Schmitt Auberger similarly argued that the attorney fees were likely incurred as part of the HOA's collection process. "The attorney has already provided the service each time and sent the association the bill. If the HOA pays the attorney to stop the vicious cycle of accruing fees, that means all of this man’s neighbors fund his poor choice," she explained. Others, however, questioned whether the HOA should have allowed such a small initial fee to grow into a $9,000 debt. “There has to be some room for common sense here,” Leah Ma Rie wrote, arguing that homeowners need greater oversight to prevent HOAs from abusing their power.

Wargacki was asked whether he regrets not paying the $40 late fee the very first time; he said, “Oh absolutely, absolutely.” At the same time, he said that he holds a “fiscal responsibility” towards himself and his family. He doesn’t want to give away money without any regard to knowing what it’s for.

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