I am having problems with my former HOA. A few years ago my wife and I had switched from her paying the bills, to me paying the bills. Unfortunately, the HOA dues were overlooked in the transition. In the midst of overlooking this bill, 2 quarters of assessments were missed, yet I never received anything from the HOA. My first notice was from a law office stating they had taken a lien on the property and that I owed them $1087. $580 from HOA dues and $507 in attorney fees. We were in the process of losing the house, so I didn't do anything at first. 1 quarter of dues, fees later I received a summons. At that point I contacted the attorney for a breakdown of the account. They sent it along with a settlement agreement. I agreed to pay $100.33 for past dues and $86.67 for current dues, or a $187/month. After 8 months and paying $1496 we had lost the house and moved out so I stopped paying thinking... we had payed what was owed to the HOA plus what was owed to the attorneys.After moving out in April, 2011 and thinking we were done with this and sometime in September of 2011, we receive a writ of garnishment and that we now owed $1,900. From what? They are fee'ing us to death and make it so you could never catch up on it. There is also very little communication on the matter. At this point I had just lost my job due to a buyout so I explained that to them and that my wife was the only one working to support a family of 5 and that her salary supporting a family of 5 meets federal poverty guideline. And I asked what I could do to settle this and offered them several scenarios, none of which were accepted. I really tried here but I could see they were not going to work with us and you can't squeeze blood from a turnip. We went back and forth on the matter via email from October to December 23, 2011. At that point when they would not accept any of my offers, the matter went cold and I didn't hear anything from them until this past Monday when we received via my wife's employer a writ of garnishment and $322 was taken out of her paycheck and now somehow they say we owe $3,081.I'm not sure what to do but we are being price gouged and this firm is not communicating with us within a reasonable, timely matter, fully knowing the longer they wait the more bogus fees they can collect.I still have a few days to request a hearing but wanted to know what I should do? I just called the law firm and asked for another breakdown of the account to figure out where all this additional monies owed is coming from. This is the same firm that collected $8,000 from a homeowner over a $66 bill. Something is very shady here, especially when one of the attorney's representing had 2 censures against him in two states.
Country relating to Question: United States
State (if USA): Arizona
Nothing at this point.
If you paid the dues what are the attorneys fees for, the past due attorneys fees that arose from the original bill?
Attached is the latest in two parts because I couldn't fit the enitire spreadsheet in one screenshot. I have called and asked for the latest but no response yet. This is from December, 2011.
From what I see it looks like the assessment was $260 per month and you were paying $187 so the balance was always going up. What was you agreement with respect to what the $187 was going to cover and would that be in complete payment of what was due? When did you lose the property (I am assuming by foreclosure sale so I am looking for the date the property was sold). the attorneys fees after the summons and complaint were filed are not that large and do not approach $1,000 more like about $300. The amounts you raise seem to relate more to the unpaid assessments. Assessments after the property was sold would not be your responsibility so you have to look at the charges after the sale date.
I did see terms letter from the attorney, what was that about if you were paying as agreed?
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The $260 assesment is not monthly but quarterly. I was paying $561 quarterly. The house was foreclosed on in September, 2011. I don't think it has sold yet but it's in the banks control, not mine.
Legally until the sale takes place it remains yours unless you delivered possession to the bank. If you go through the spreadsheets, you can track the accounts. After the $507 in attorneys fees there were another $569 in fees that go through the preparation and service of the summons and complaint. From what I am seeing you should go for the hearing because you would want to examine the attorneys bills for reasonableness and to get what the work was behind the entries on the spreadsheet. For example, there is $95 for "Term Letters"; $50 for opening a new matter - that does not sound like legal work; what is "DRA for $90; $50 for a memo to accountant; $5 for copying charges, how much are they charging for copies. Why are you being charged $5 to process a payment. These are the things you can attack in the attorneys fees.
30 years of corporate, litigation, real estate, estate and international law
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