HOA past due assessments in San Antonio, Texas (Howe: attorneys, buy)

[william_ns]

Hello all,

When making a payment on past due (late) HOA assessments (3 years worth for grand total of $450.00) how do I ensure these monies will be applied towards assessments only and NOT towards "junk fees" they claim?

Do I merely note "for past due assessments only" on the money order/cashiers check?

Thanks!

[cully]

Since you're likely concerned about finances and because of the three year issue going on I'd contact an attorney to find out the proper wording in case it comes up in court.

[IC_deLight]

Hello William,

First, by law the HOA management company and HOA attorney have no right to collect assessments more than 4 years back. (Stay with me here).

Second, by law the HOA management company or attorney MUST accept your payment and cannot refuse to do so. (A common tactic by HOA management companies and attorneys is to refuse payment unless it includes all of their junk fees). Attempting to do so is a violation of the Texas Debt Collection Act because Tex. Prop. Code 209.0063 does not permit them to refuse the payment and does not permit them to apply payments other than as set forth in the statute. This law was necessitated by the ubiquitous unscrupulous practices of HOA management companies and HOA attorneys known as the "priority of payment" scam. By law they cannot misapply your payments to pyramid up fees for themselves unless you agreed to a payment plan and are in default of the payment plan. The payment plan must likewise follow the statutory order for application of payment.

Third, simply note "assessments imposed since 04/27/2009 only" in the memo field of the check (or back to whatever date they came due not to go further back than four years ago due to the statute of limitations). If the amount paid is more than the assessments that came due within the last 4 years from the date you make this payment, the HOA management company and the HOA attorney will attempt to take the excess and apply it to their trumped up fees under 209.0063. Actually they will probably try to divert payments anyway, but know the limitations imposed upon them by Tex. Prop. Code §209.0063.

In the letter, clarify that the payment is only to be applied towards assessments that came due within the four years (or back to whatever date assessments came due but not more than four years ago) prior to the date you are making the payment. Also state that you have not agreed to any payment plan and that payment should not be interpreted as acceptance of any payment plan. Now 209.0063 prohibits them from applying the assessments other than as specifically set forth by statute. So as long as you have not overpaid assessments, they have no choice but to accept the payment and to apply the payment to assessments under 209.0063 regardless of what you wrote in the letter or on the check/money order.

Make sure that you photocopy EVERYTHING that you send. Make sure that you send the letter and payment certified mail, return receipt requested (go to a conventional USPS post office, not third-party providers for this service to be assured of establishing the evidentiary trail you will need). Specifically tell the clerk that you want the postage to be metered and pay for the metered postage at the counter. Make sure to get the processed certified mailing label and keep the receipt provided by the post office. Make sure to save the green card when it comes back. By doing this you will have all the evidence you need to prove up when you put in the mail and when the other side received it.

[william_ns]

IC_delight,

Your help, as always, is greatly welcomed. THIS is precisely the detailed reply I was hoping for. It is with great pleasure that I, without an attorneys help and thus saving countless dollars, can stick up for myself in the face of the HOA attorneys onslaught of bully tactics. Ethics be damned on their part.

I applaud your efforts here and elsewhere in these matters.

[Teddiegough]

IC-Delight: Your knowledge and advise are exceptional.

[TexasDillo]

IC, that has to be one of the best responses I've ever seen on this (or any!) forum.

[TexasRedneck]

I guess I'm just dense...you buy a place with a HOA, don't want to pay the dues in a timely manner - then complain about late fees?

[cully]

I wonder how it worked out for him.

[austindoxie1972]

Call me a cynic, but this post seems to be a set-up for the "most informative poster" contest. So I'll jump in.....

IC-Delight: Before I read your post, my life was a green mush. However, your post on HOAs provided the most clarity -- dare I say, the most informative -- assistance on an important and life-sustaining topic. I thank you, dear sir, for your attention to this urgent matter.

Sign me,
Forever In Your Debt

[kevcrawford]

Originally Posted by TexasRedneck

I guess I'm just dense...you buy a place with a HOA, don't want to pay the dues in a timely manner - then complain about late fees?

That was kind of my thought