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I'm not sure how to avoid this in the future, if there is a lesson to be learned. I mean, how will I know this won't happen in the future, where we won't be notified as before? Our management co is supposed to stay on top of these things, but they say they were not informed that the Association was still waiting on the collecting on the fine. We ask the Association to send us correspondence or let us know when something is wrong but they don't or they say they tried. I mean I don't think they have any repercussions if they don't. They stand to gain by not letting us know. What can I do?
But the mgt co was informed that there was the fine...just not that the Association was STILL waiting on it? You'd think that would come up in their updates to you.
I'm not sure how to avoid this in the future, if there is a lesson to be learned. I mean, how will I know this won't happen in the future, where we won't be notified as before? Our management co is supposed to stay on top of these things, but they say they were not informed that the Association was still waiting on the collecting on the fine. We ask the Association to send us correspondence or let us know when something is wrong but they don't or they say they tried. I mean I don't think they have any repercussions if they don't. They stand to gain by not letting us know. What can I do?
Overseas or not, phones work. Why have you not hired a layer to pursue this for you?
Phones do work, but two things that quickly come up with that:
1) Why didn't anyone contact us in the first place?
2) We've been trying to get a lawyer since we found out and so far, not only do they not want to take our case but most of the RE lawyers are working with the associations in this state.
There is no doubt our management co screwed this one up and we are going to pursue this with them.
Phones do work, but two things that quickly come up with that:
1) Why didn't anyone contact us in the first place? 2) We've been trying to get a lawyer since we found out and so far, not only do they not want to take our case but most of the RE lawyers are working with the associations in this state.
There is no doubt our management co screwed this one up and we are going to pursue this with them.
Thanks again all!!!
If you were wronged then it is time to make someone pay. There are plenty of lawyers starving for work.
Thanks all. We live overseas, supporting the war-fighter, so we do not have ready access to HOA meetings, what fines the tenant receives, etc.... We have been paying the HOA dues through auto-bill pay so, from the statements from the bank, it looks like we've been paying without skipping a beat. The HOA has and had our current address overseas but looks like things had changed since we've been gone. The association name changed, board different, so maybe this is an example of one hand not talking to the other...? Not sure, but not something I can control or forecast. From reads, it sounds like if the HOA does not collect on the fines that they are supposed to notify the owner, which they did, 2 years later???? I figure it should be sooner when this could have been easily taken care of.
We just fired our HOA management company since they were not willing to communicate with owners and their lawyer didn't answer any calls and neither replied so everything moved forward in the court system without owners having a chance. Finally the president of the board saw what we had stated for the last years and the management company incl. the lawyer got fired.
HOA violation letters always go to address on file for owners but often they are not updated. If your HOA handled it so badly I would suggest to write a letter for a complaint to the BBB in your State as well as to the State attorney. Most home owners lack communication or fail to write to the right people and don't keep proof and believe by one call it will be solved....certified letters and other proof and activity trying is what can solve it.
Hoa's can foreclose on homes and shouldn't be fooled with. Many home owners fail to give notice of their last address known, often because they want to prevent paying for application fees for tenants or to hide certain info since they often claim homestead even after having moved out.
If you read the above you can see the fault is often at both sides but I do know from experience how bad a management company can be and how they often can let the board believe that they are on top of everything and the board will take their word. In our case too many home owners showed up at the last 2 annual meeting which shocked the board and that was when they opened their eyes.
Many home owners now in foreclosure due to the HOA will have their case settled with just paying up and not paying any lawyers fees, etc. And cases will be closed. I'm not sure who will pay for the lawyer or if they will tell the lawyer that the board will sue them since we have overwhelming evidence that their lack of communication wi homeowners was also bad and no judge will be happy with a law firm who handles cases like that. The president of our HOA is a lawyer himself and a CEO of a huge developer so that will help too in a battle against a small law firm.
The person asking these questions about the HOA needs to start to be pro active and act quick or face losing his home. If he paid as he is stating than his proof should be enough...
Bentlebee, I guess you'd want to stay on the good side of the president of your HOA since he's a lawyer and CEO. But why did he wait so long? Why was he unwilling to listen to the residents? Was he in league with someone and only now couldn't hide it anymore since so many people showed up for the cause?
We just fired our HOA management company since they were not willing to communicate with owners and their lawyer didn't answer any calls and neither replied so everything moved forward in the court system without owners having a chance. Finally the president of the board saw what we had stated for the last years and the management company incl. the lawyer got fired.
HOA violation letters always go to address on file for owners but often they are not updated. If your HOA handled it so badly I would suggest to write a letter for a complaint to the BBB in your State as well as to the State attorney. Most home owners lack communication or fail to write to the right people and don't keep proof and believe by one call it will be solved....certified letters and other proof and activity trying is what can solve it.
Hoa's can foreclose on homes and shouldn't be fooled with. Many home owners fail to give notice of their last address known, often because they want to prevent paying for application fees for tenants or to hide certain info since they often claim homestead even after having moved out.
If you read the above you can see the fault is often at both sides but I do know from experience how bad a management company can be and how they often can let the board believe that they are on top of everything and the board will take their word. In our case too many home owners showed up at the last 2 annual meeting which shocked the board and that was when they opened their eyes.
Many home owners now in foreclosure due to the HOA will have their case settled with just paying up and not paying any lawyers fees, etc. And cases will be closed. I'm not sure who will pay for the lawyer or if they will tell the lawyer that the board will sue them since we have overwhelming evidence that their lack of communication wi homeowners was also bad and no judge will be happy with a law firm who handles cases like that. The president of our HOA is a lawyer himself and a CEO of a huge developer so that will help too in a battle against a small law firm.
The person asking these questions about the HOA needs to start to be pro active and act quick or face losing his home. If he paid as he is stating than his proof should be enough...
I think the OP is saying they hired a management company to manage their rental property. They are not referring to the associations management company.
Not pointing fingers but we have the HOA, the HOA's management company, the owner, the owner's management company, the renter, etc. Somebody (maybe more then one) did not do their duty. Somebody has to "pay" for their mistakes. Personally, I believe it is ultimately it is the owner but I am not nor do I play a lawyer.
At least in our state the Laywers and Association must send collections correspondence via certified mail to the owner or agent on record. Your property manager had to have received something! A pre-lien letter, lien letter, and foreclosure notices.
I'm in a little different situation. I have recently received a notice stating that we have a lien on our home due to not paying HOA dues. Strange, we had set up a auto-bill pay with the association just for this purpose. Why did we get a notice??? Okay, here it is -
Apparently, a previous tenant a couple years back broke a rule and was given a fine. We do have a management company that manages our place by the way, so we never knew about this.. Anyway, he/she never paid it but sent a letter to the association contesting it. This never was followed up on it seems. So, the association used our auto-bill pay for the association dues to pay for the fine (never informed us) in which the association dues were short and continue to be short for the next few years. Why they never sent a letter or called or even told our management company, i do not know, until now (which makes me believe they could have contacted us right away but waited). Anyway, they had been charging a monthly late charge, monthly interest, and legal fees which comes to a whooping $14K. I mean, I'm no lawyer but this really does not seem right at all... any ideas? I really could use some advise.
Actually you may be able to sue for up to $1,000 for each payment the HOA management company (not your mgmt co) diverted using bill pay as well as actual damages. You almost are certain to be dealing with an HOA management company that is diverting payments in order to generate junk fees for itself using the priority of payment scam. The HOA management company will have included a contract provision purporting to allow it to collect a "late fee" every month an account is in arrears. The HOA management company then works to create arrearages for profit. One part of this scam involves diverting your payment in order to leave you in arrears on paper to the HOA corp. The management company and HOA attorney then sit back and wait for the "late fees" to pyramid up and then threaten the homeowner with foreclosure to extort the junk fees (including attorney fees) from them.
"Bill pay" is not the same thing as a check. It is not governed by negotiable instrument/check law but rather Electronic Fund Transfer Act and Treasury regulation. They don't get to misapply your payments under these acts regardless of any provisions in the engagement agreement they have elicited from the HOA corp.
The lawyer and HOA management company are likely both members of Community Association Institute - the trade group for the worst classes of debt collector. They don't really represent the HOA corp and the junk fees these entities are claiming are likely not costs incurred by the HOA. They are colluding with each other in a fee pyramiding scheme. Beware of any "payment plans" or settlement agreement they offer with regard to these bogus debts.
Last edited by IC_deLight; 12-10-2013 at 08:12 AM..
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