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Old 04-14-2010, 05:34 PM
 
1 posts, read 2,977 times
Reputation: 10

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HI,

Here is my predicament, I did not pay last year’s HOA fees and now with that new year has arrived these fees are still due and as well as this year’s. I got a letter stating that my association management company is going to turn it over the lawyers unless I pay last year’s fees, the late fees for that year’s plus interest and this year’s HOA fees plus a late fee with another type of fee. It was quite a sum, but we owed it. So I got a cashier’s check for the amount owed as stated on the HOA letter and went to the management company to pay. When I got there, there was some hemming and hawing about taking the check right there and then. They stated it was now with the lawyers and that I should I gotten a notice in the mail regarding this. While I was telling them I had no idea what they were talking about as I didn’t receive anything such as that, the manager came and said since it was cashier’s check they will take it. So.. I guessed then all was well.
But now a month later I finally did receive a notice from their lawyers stating that if I don’t pay them $300+ more in two weeks, they will send back the money I paid for the HOA and then promptly sue to foreclose on my property.
My question is since I received no prior notice from the lawyers on anything they wanted, can they return the money and foreclose?


Thanks!!
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Old 04-14-2010, 06:31 PM
 
Location: A little suburb of Houston
3,702 posts, read 17,541,959 times
Reputation: 2085
I hope you still have that letter and a receipt for the payment. They accepted a payment from you. It would be worth a trip to see an attorney yourself. Just my opinion which is worth the paper it was written on.
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Old 04-14-2010, 06:41 PM
 
Location: Tricity
52,344 posts, read 74,063,603 times
Reputation: 117374
When they accepted your check and gave you a receipt - did they wrote on it "paid in full" ?? You paid all last year's HOA fees, all this year HOA fees plus all the late charges/interest and whatever fees, right?
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Old 04-15-2010, 08:09 AM
 
Location: Texas
1,922 posts, read 2,641,135 times
Reputation: 951
Probably. When you bought that home you signed a contract giving the HOA ultimate control over your property. If you do go to court, they will win, it's contractual Law, you (hopefully) read it and signed it, and for most purposes, it's basically airtight.
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Old 04-15-2010, 11:25 AM
 
8,647 posts, read 16,576,964 times
Reputation: 4618
Quote:
Originally Posted by Exadam View Post
HI,

Here is my predicament, I did not pay last year’s HOA fees and now with that new year has arrived these fees are still due and as well as this year’s. I got a letter stating that my association management company is going to turn it over the lawyers unless I pay last year’s fees, the late fees for that year’s plus interest and this year’s HOA fees plus a late fee with another type of fee. It was quite a sum, but we owed it. So I got a cashier’s check for the amount owed as stated on the HOA letter and went to the management company to pay. When I got there, there was some hemming and hawing about taking the check right there and then. They stated it was now with the lawyers and that I should I gotten a notice in the mail regarding this. While I was telling them I had no idea what they were talking about as I didn’t receive anything such as that, the manager came and said since it was cashier’s check they will take it. So.. I guessed then all was well.
But now a month later I finally did receive a notice from their lawyers stating that if I don’t pay them $300+ more in two weeks, they will send back the money I paid for the HOA and then promptly sue to foreclose on my property.
My question is since I received no prior notice from the lawyers on anything they wanted, can they return the money and foreclose?


Thanks!!
The state is working on putting a stop to this.. Call you local state rep...
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Old 04-15-2010, 11:30 AM
 
497 posts, read 1,424,741 times
Reputation: 755
Quote:
Originally Posted by Poltracker View Post
I hope you still have that letter and a receipt for the payment. They accepted a payment from you. It would be worth a trip to see an attorney yourself. Just my opinion which is worth the paper it was written on.
It would be cheaper to pay the extra $300 than to hire a lawyer. I wouldn't try and fight this - it will just get more expensive and you will lose.
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Old 04-15-2010, 11:36 AM
 
Location: Tricity
52,344 posts, read 74,063,603 times
Reputation: 117374
It would be cheaper, but they might never stop by that...
When you pay, make sure you have a signed note from them that everything is paid up to date.
When you do the next payment - pay it in their office and make sure you get a receipt stated that all is paid, up to date and no penalties pending.
HOA is a mafia...
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Old 04-15-2010, 12:08 PM
 
Location: Pearland, TX
3,333 posts, read 8,767,799 times
Reputation: 2333
Quote:
Originally Posted by Exadam View Post
HI,

Here is my predicament, I did not pay last year’s HOA fees and now with that new year has arrived these fees are still due and as well as this year’s. I got a letter stating that my association management company is going to turn it over the lawyers unless I pay last year’s fees, the late fees for that year’s plus interest and this year’s HOA fees plus a late fee with another type of fee. It was quite a sum, but we owed it. So I got a cashier’s check for the amount owed as stated on the HOA letter and went to the management company to pay. When I got there, there was some hemming and hawing about taking the check right there and then. They stated it was now with the lawyers and that I should I gotten a notice in the mail regarding this. While I was telling them I had no idea what they were talking about as I didn’t receive anything such as that, the manager came and said since it was cashier’s check they will take it. So.. I guessed then all was well.
But now a month later I finally did receive a notice from their lawyers stating that if I don’t pay them $300+ more in two weeks, they will send back the money I paid for the HOA and then promptly sue to foreclose on my property.
My question is since I received no prior notice from the lawyers on anything they wanted, can they return the money and foreclose?


Thanks!!
1. Check with the issuer of the cashier's check to see if it has been paid.

2. If it has, then tell the lawyer to stuff it.

3. If the cashier's check hasn't been paid, then tell the lawyer to send it back to you and THEN tell him to stuff it.

4. Foreclosure isn't something you can do in a day, week, or even a few months (more like 6 to go from notice to foreclosure sale). It's a long, drawn out procedure. Don't be intimidated by the lawyer's sabre rattling. Again, tell him to stuff it.

I totally disagree with what others have said to the effect that you should just pony up with the additional $300. Your HOA agreement doesn't state that you pay their lawyers directly. If it says anything, it says you pay the HOA any legal fees...otherwise they wouldn't have accepted the cashier's check in the first place (unless they're idiots, which isn't inconceivable).

You made a good faith effort to clear the amount due. The lawyer is trying to get YOU to pay his fee. He's the HOA's lawyer, let THEM pay him.

Just sayin'...

Ronnie
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Old 04-15-2010, 12:17 PM
 
Location: Tricity
52,344 posts, read 74,063,603 times
Reputation: 117374
Quote:
Originally Posted by HoustonRonnie View Post
1. Check with the issuer of the cashier's check to see if it has been paid.

2. If it has, then tell the lawyer to stuff it.

3. If the cashier's check hasn't been paid, then tell the lawyer to send it back to you and THEN tell him to stuff it.

4. Foreclosure isn't something you can do in a day, week, or even a few months (more like 6 to go from notice to foreclosure sale). It's a long, drawn out procedure. Don't be intimidated by the lawyer's sabre rattling. Again, tell him to stuff it.

I totally disagree with what others have said to the effect that you should just pony up with the additional $300. Your HOA agreement doesn't state that you pay their lawyers directly. If it says anything, it says you pay the HOA any legal fees...

You made a good faith effort to clear the amount due. The lawyer is trying to get YOU to pay his fee. He's the HOA's lawyer, let THEM pay him.

Just sayin'...

Ronnie
Telling them to "stuff it" might make you feel great for two seconds, but they still can do whatever they want and you agreed with it by signing with the HOA.
Do not underestimate HOA - they are (still) very powerful!
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Old 04-15-2010, 01:13 PM
 
Location: Pearland, TX
3,333 posts, read 8,767,799 times
Reputation: 2333
Quote:
Originally Posted by elnina View Post
Telling them to "stuff it" might make you feel great for two seconds, but they still can do whatever they want and you agreed with it by signing with the HOA.
Do not underestimate HOA - they are (still) very powerful!
I disagree again. The HOA has wide latitude, that latitude does not extend to the lawyer they hire. Any amounts owed to the lawyer is apart and separate from "dues and fees" owed the HOA.

Ronnie
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