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Old 10-22-2013, 01:35 PM
TTP TTP started this thread
 
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Hi,
I live in a townhouse in NC and my HOA has reffered me to their attorney b/c they have charged me with $700 in late fees and interest. I have lived in the property for 5 years and orignally we had a different HOA company which our dues are due monthly and as long as we paid via online by the 10th (midnight on the 10th) we werent charged a late fee. A year or 2 later a new management company took over and sent out a letter saying they were taking over but they also stated nothing would change we can still make payments on same site and as we had been doing. All of a student I start getting charged with late fees almost monthly, I called and they would inform me their systems charges late fees if its processed after the 10th but they will fix my account b/c they can see I paid on or before the 10th. However each month the late fees still kept piling up. I talked to a manager who said "They recieved my payment on the 11th" but my receipts show I paid on the 5th or 6th. He also told me to submit a form to a committee that could waive my late/interest fees which I did and never heard back from anyone. After several more attempts of calling and emailing I reported the HOA to the BBB. I have all my reciepts from the last 2 years which showed I have made a payment before the 10th a few times actually on the 10th but a majority were made between the 2nd-7th day of the month. I dont feel I should have to pay $700 in late fees and interest b/c their system is taking several days to process. Also they will not even let me make anymore of my regular payments they said I have to pay in full to the attorneys or they are not accepting anyhting, so I have been mailing a certified check to their corporate office anyway monthly for my regular dues amount. They told me I have 15 or more days to pay in full or they will put a lien and/or begin foreclosure on my home. Can anyone give me some advise
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Old 10-22-2013, 02:38 PM
 
8,402 posts, read 20,290,040 times
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The only result you could expect from reporting the HOA to the BBB is to make them angry.

If it's gone this far you need to get an attorney.
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Old 10-22-2013, 02:53 PM
 
2,082 posts, read 3,570,309 times
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I would try to have a meeting face-to-face with the board and try to have it solved ASAP.

If you like the neighborhood and don't want to move, I would rather pay the fee instead of going the attorney route since it will cost more plus you'll be always the "non desirable" (especially if you win).
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Old 10-22-2013, 03:29 PM
 
2,818 posts, read 3,336,779 times
Reputation: 3015
Quote:
Originally Posted by TTP View Post
Hi,
I live in a townhouse in NC and my HOA has reffered me to their attorney b/c they have charged me with $700 in late fees and interest. I have lived in the property for 5 years and orignally we had a different HOA company which our dues are due monthly and as long as we paid via online by the 10th (midnight on the 10th) we werent charged a late fee. A year or 2 later a new management company took over and sent out a letter saying they were taking over but they also stated nothing would change we can still make payments on same site and as we had been doing. All of a student I start getting charged with late fees almost monthly, I called and they would inform me their systems charges late fees if its processed after the 10th but they will fix my account b/c they can see I paid on or before the 10th. However each month the late fees still kept piling up. I talked to a manager who said "They recieved my payment on the 11th" but my receipts show I paid on the 5th or 6th. He also told me to submit a form to a committee that could waive my late/interest fees which I did and never heard back from anyone. After several more attempts of calling and emailing I reported the HOA to the BBB. I have all my reciepts from the last 2 years which showed I have made a payment before the 10th a few times actually on the 10th but a majority were made between the 2nd-7th day of the month. I dont feel I should have to pay $700 in late fees and interest b/c their system is taking several days to process. Also they will not even let me make anymore of my regular payments they said I have to pay in full to the attorneys or they are not accepting anyhting, so I have been mailing a certified check to their corporate office anyway monthly for my regular dues amount. They told me I have 15 or more days to pay in full or they will put a lien and/or begin foreclosure on my home. Can anyone give me some advise

In all likelihood the board doesn't have a clue what the management company is doing and those "late fees" aren't going to go to the HOA. The management company is also the intermediary between you and that "committee". Can you identify the management company?
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Old 10-22-2013, 04:40 PM
 
7,672 posts, read 9,875,709 times
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Have you gone in person with the documents in hand and discussed this so it's part of the board's minutes? But I agree with others, you need to contact an attorney or pay the late fees. Whichever is cheaper.
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Old 10-22-2013, 04:50 PM
 
Location: Blue Ridge Mntns., NC
10,776 posts, read 15,050,243 times
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Quote:
Originally Posted by TTP View Post
Hi,
I live in a townhouse in NC and my HOA has reffered me to their attorney b/c they have charged me with $700 in late fees and interest. I have lived in the property for 5 years and orignally we had a different HOA company which our dues are due monthly and as long as we paid via online by the 10th (midnight on the 10th) we werent charged a late fee. A year or 2 later a new management company took over and sent out a letter saying they were taking over but they also stated nothing would change we can still make payments on same site and as we had been doing. All of a student I start getting charged with late fees almost monthly, I called and they would inform me their systems charges late fees if its processed after the 10th but they will fix my account b/c they can see I paid on or before the 10th. However each month the late fees still kept piling up. I talked to a manager who said "They recieved my payment on the 11th" but my receipts show I paid on the 5th or 6th. He also told me to submit a form to a committee that could waive my late/interest fees which I did and never heard back from anyone. After several more attempts of calling and emailing I reported the HOA to the BBB. I have all my reciepts from the last 2 years which showed I have made a payment before the 10th a few times actually on the 10th but a majority were made between the 2nd-7th day of the month. I dont feel I should have to pay $700 in late fees and interest b/c their system is taking several days to process. Also they will not even let me make anymore of my regular payments they said I have to pay in full to the attorneys or they are not accepting anyhting, so I have been mailing a certified check to their corporate office anyway monthly for my regular dues amount. They told me I have 15 or more days to pay in full or they will put a lien and/or begin foreclosure on my home. Can anyone give me some advise
I am on the Board of an HOA here. From what I know, a Claim for Lien can be recorded on a property, but they cannot collect fees the way you explain it. They cannot foreclose on your home because of 'overdue' fees. They would have to file a Claim of Lien, and then "perfect" it by filing suit against you and obtaining a judgment which can be enforced. But HOA fees, no.

Caveat: Take all your papers to an attorney asap. If you cannot afford an attorney or cannot find one for a reasonable consultation fee within a short time, go to your local legal aid service. Do the right thing and keep a low profile.

Last edited by QuilterChick; 10-22-2013 at 05:58 PM.. Reason: spelling corrections
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Old 10-22-2013, 05:31 PM
 
2,152 posts, read 6,058,840 times
Reputation: 1377
As a former President of an HOA, the FIRST thing I would do is schedule a meeting with your HOA board. More than likely by simply talking to them and explaining your situation and what has transpired they can waive the fees or reduce them. IMO attorneys and the BBB just muddy the waters unnecessarily without cause. They would rather not foreclose or do anything drastic and would rather work with you as long as you're willing to work with them

The other poster is right and the management company is just the intermediary and the HOA doesn't see the late fees. if you meet with the board and still get no resolution, then you can go the legal route.
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Old 10-22-2013, 05:52 PM
 
140 posts, read 201,580 times
Reputation: 397
This is why I have never bought--and will never buy--a house with an HOA attached. Crazy that they feel entitled to deprive you of YOUR HOUSE over late fees.
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Old 10-22-2013, 11:49 PM
 
5,048 posts, read 6,913,835 times
Reputation: 4146
If you have monthly board of directors meetings and there is a public comment period allowed you should go and state your case very briefly. Ask what can be done before you sue for harassment since the cost will be high for all homeowners since the corporation will have to have their attorney go to court.

I feel like you couldn't be the only one this is happening to. Ask your neighbors. Maybe a few of you can go together to the meeting.

See if you have a consumer advocate on your local newspaper or tv news station. (7 on your side, 13 on your side, etc.) The reporter can speak with you and others and contact the board and mgt company in his role. That might get attention. He can sit in the audience as an invited guest, if invited guests are allowed, and you can introduce him and say he is here to take notes about the illegal harassment of the management company and what the board of directors plans to do about it. Say it calmly.

I know some states have ruled against fines.
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Old 10-23-2013, 04:58 AM
 
5,150 posts, read 6,643,140 times
Reputation: 1439
Quote:
Originally Posted by cully View Post
If you have monthly board of directors meetings and there is a public comment period allowed you should go and state your case very briefly. Ask what can be done before you sue for harassment since the cost will be high for all homeowners since the corporation will have to have their attorney go to court.

I feel like you couldn't be the only one this is happening to. Ask your neighbors. Maybe a few of you can go together to the meeting.

See if you have a consumer advocate on your local newspaper or tv news station. (7 on your side, 13 on your side, etc.) The reporter can speak with you and others and contact the board and mgt company in his role. That might get attention. He can sit in the audience as an invited guest, if invited guests are allowed, and you can introduce him and say he is here to take notes about the illegal harassment of the management company and what the board of directors plans to do about it. Say it calmly.

I know some states have ruled against fines.
Sue for harassment? No. Incompetency is not illegal under NC HOA laws. Talk to the board, yes. But don't wait. I can't imagine there being monthly board meetings as you suggest AND that much incompetence. Meanwhile, pay it under protest and seek a refund. It's important to stop the clock.

These management companies rule by the lowest common denominator in general. They do not have to be trained or aware of the law so why bother?

Most of what you are talking about takes way too much time to get rolling and it isn't risk losing a house if the OP is up against stereotypes. You do not cite N.C. law which I invite you to do so when mentioning grounds for lawsuits.
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