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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 88353
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I received a letter from an attorney retained by the Slovak

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I received a letter from an attorney retained by the Slovak Country Club Inc to obtain a sum they state is owed plus accrued interest of 2% per month + the attorneys fee of $150. If not paid in 10 days they will commence action to terminate the lease and evict from the premises. The Slovak Country Club is a non profit corp organized to own and operate a social country club consisting of a colony of bungalows to be individually occupied by the members...... For the past two years I have had a dispute with the club as to the formula computing the fees paid each year. Based on the bylaws the fees consist of each members proportionate share of taxes, insurance and other club expenses. However, my dispute is in the formula they are using to compute fees for each member wherein it is to be computed based on common charges and each members individual property/bungalow size. The formula being used is not accurately dividing the real estate taxes between common land and individual members property and home sizes. I have been corresponding with the board of directors and received some documentation requested, but they have refused further documents requests and any meetings so I can discuss my concerns. I have been paying dues, with an amount reduced based on my calculations which they have been accepting for the past 2 years. My question is to ensure they cannot break any lease agreements, without taking some legal action against me. In addition, can they charge 24% per year interest on monies owing ( It is stated in the bylaws). Also can they threaten that I have to pay any attorneys fees incurred by them (Not stated in the bylaws). Another note is that the club is not operating as initially proposed - There are now families who have expanded what were once bungalows into large homes and have retired there and made it a principal residence. Any advice will be greatly appreciated.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

First, as a non profit entity if you are a member they have to release information to you for review and if they are refusing to share information they you could file a suit for declaratory judgment just to seek release of the documents.

They cannot evict you from a lease without court action for eviction. They have to give you notice of the notice to cure or the will evict and if you do not leave they have to go to court and file a suit for eviction to remove you. Before it gets to this point, I would suggest filing your suit for declaratory judgment for improper calculations and for fail to disclose the documents, as you could also get an injunction against them to prevent them from even trying an eviction suit against you.

If their bylaws state 24% interest this is a commercial entity and not a personal loan to fall under the usury laws, so it would be a valid interest rate as long as it is in the bylaws.
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Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 88353
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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