Property Q&A in 91326>Question Details

Meluco, Other/Just Looking in 91326

I have paid my HOA fees and proof that i did sending my bank statements but the HOA stiil send me to a Lawyer

Asked by Meluco, 91326 Mon Oct 11, 2010

I paid them on time but they dont want to comply what should I do ?to keep disputing this charges and alsothey threathen to Lien the property I think this is unfare Its any thing i can do legaly to get myself out of this situation please help

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Meluco,

I suggest communicating directly with the HOA about the problem but I would first put your concerns in a certified letter to the HOA and the Attorney. If it turns into a legal matter you will have documented proof of your attempt to resolve the problem amicably. Documentation is the key to winning any lawsuit. Your CCR's and Bylaws are often difficult to interpret without a lawyers help but look at the section that defines HOA Dues and Late Fees. If you are in compliance then they are out of line. Quite often the HOA will refer the matter to an attorney right or wrong as a scare tactic. Don't be scared if your are within your rights.

Feel free to call me if you have other questions.

Terry Strawn
Preferred Realty & Loan
0 votes Thank Flag Link Mon Oct 11, 2010
@Marc Schwartz. I stand by my post 100%. I don't have to 'serve on a board' to know how they work. I have lots of very close experience with HOAs here in FL. I was instrumental in helping rid the community I live in from a horrible, parasitic HOA that acted like a little clique of Gestapo agents just this past year. Thank goodness this group and their deceitful attorney are gone.

I tell it like it is, no punches, first-hand experience. I hear this from homeowners all over the state and read about in the news, too. It's not just local. If you don't agree with me, that's okay, too. But don't question my experience. If I don't know about a subject firsthand, I stay out of the discussion/thread.

I wonder where the term 'condo commandos' came from.

Scott Miller, Realty Associates, Boca Raton, FL
0 votes Thank Flag Link Mon Oct 11, 2010
Hello Meluco,

As a Real Estate agent & HOA board member we have problems all the time of homeowners not paying their fees, that's when we have to have an attorney get involved, if you have paid your dues on time then you have no issues plus you said you have proof. In most cases, ask to meet with all the board members at the next board meeting and discuss the late fees (if any) you have with them, find out why they sent you to a lawyer. As you stated, if you have proof, then why are they still going after you. Yes, sometimes the dues are late, then you might be accessed a late fee+interest and they want to collect for those fees. Maybe you didn't give all the details in your question but you have a right to meet with them.

I'm not sure what Scott's was talking about, he's probably never served on a board before and see how we work.

Good luck.
Web Reference: http://www.MarcSchwartz.com
0 votes Thank Flag Link Mon Oct 11, 2010
Hi Meluco! Dealing with most HOA board members is a PLAGUE!! They're sometimes made up of very egotistical, utterly mean and unyielding owners ready to pick a fight with others but seldom ready to forgive and meet halfway. Sometimes these people have nothing better in life to do but make others completely miserable.

If your board is really predatory and there are more than a few owners that want a shake up, consider removing them for good. Here's a link on how to get the ball rolling:

http://www.trulia.com/blog/scott_miller/2009/10/secrets_on_h…

Hope this helps you.

GOOD LUCK!

Scott Miller, Realty Associates, Boca Raton, FL
0 votes Thank Flag Link Mon Oct 11, 2010
Meluco,
Your Covenants and Bylaws need to be reviewed as to what the Board of Directors can and cannot do. Forst, approach the Board to pled your case. Suggest Mediation. If these steps fail, you'll likely need to hire a real estate attorney.
0 votes Thank Flag Link Mon Oct 11, 2010
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