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I called the mediation department and they said nothing of them having to prove there actually exists any tenants on my property and if not the case would be dismissed. they simply said if we can reach an agreement the case would be set for trail. And how in the world will they prove their are tenants? And like wise how do I prove there are not? this whole miss started a few years back. I owned a million dollar home, and signed a ten lease with a option to buy with my prior boss on the present home in question. He was responsible for all bills and dues and fees, however in 2010 he stopped paying and I took action with two law firms cause neither did their job. finally I paid him to leave in nov. 2011, and moved in the home in dec. with family. At which time the Hoa informed me in feb. 2012 there was 2010, 2011 dues and now 2012 dues owed. with a total amount of $ 895.00 I told their law firm I would gladly pay it however since I spent several thousand getting the home back and doing many repairs I would prefer to pay it in by installments and offered 300.00 that phone call, and 300.00 60 days and the bal. 60 days. and she could auto debit from my card if she sent me a form. She excepted the 300.00, than a couple days later called and said the HOA wants 150.00 ea. month instead and I agreed to her sending a form or just calling me for the payment. well the form never came, and periodically she called and I made a payment of 150.00 each time she called. In june four months later I sent a check for 300.00 instead of 150.00 cause it seemed she didn't call me in may, and I wrote on the check paid if full for agreement . they cashed it , without making any mention to refuse or reserve right to collect more etc. One month later she called and said they were short 150.00 they only recieved 750.00 0f the agreed 900.00, I told I find that hard to believe I only thought you didn't call me in May and that's why I sent 300.00 and wrote paid in full for agreement. And if I was short why did they cash it and now call a month later. Anyway I replied I will check my credit card records and bank statements and if I cant find that payment I will gladly send it. Well she followed up a call in August and I told her I was sorry I hadn't got around to getting all the possible statements but I would. And late August or early sept. I sent a check for that payment even though I still wasnt totally sure they didn't get it already. The check was returned and stated it had to go to the law firm not the assoc. but than the law firm wanted to add a 100.00 attorney fee, for a letter a secretary sent, and a 175.00 account monitoring fee retroactive to 2 days after the first 300.00. I told them I didn't agree to a 175.00 fee to do a payment plan, otherwise I would have paid the 895.00 all at once. and why are you asking, for it now , plus a 100.00 attorney fee when you didn't ask for that in JULY or August ? I did tell them although they were unfair I would agree to the 150.00 payment they said I owed, dispite cashing my check, and I would agree to another 100.00 for attorney costs, but not another 175.00 for a payment monitor fee that was never disclosed , or agreed , prior to the acceptance of the first 300.00. And I wanted them to contact the HOA AND MAKE THAT OFFER. they replied the HOA declined it and wanted 150.00 + 100.00 + 175.00= 425.00, I told them I wasn't going to be bullied. AND I am in a mess. PS they wont have to prove at the mediation no tenant, that they will have to prove in court , correct?
I guess I am about done and I appreciate your replies, I agreed to meet them half way and pay the 150.00 and 100.00 for additional attorneys fees. and submit that for consideration and they said they did??? and the Hoa replied no. they wanted 425.00. since I refused. they filed the forclosure and the complaint requests appox. 3500.00 now.And if I felt bullied over the principle of the 175.00 monitor AFTER THE FACT THAN Imagine how I feel about the approx. 3,500. AS a honorable US veteran and Hoa member I felt I deserved fairness, and them to meet me at least half way. Now I have to hire an attorney to fight the whole case and the 3500. they shouldn't have cashed my check or return the 300.00 marked if full... I wish I could just settle for 425.00 now.. Do you think I have a good chance to prevail if I hire an attorney ??? thanks
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