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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 1221
Experience:  Helping you with your legal questions.
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my accociation has not completed remodeling which I was apposed

Customer Question

my accociation has not completed remodeling which I was apposed to scope of remodeling
I was in hospital during remodeling I am now being charged with associations legal fees late fees and other fees I have tried to settle with the association The are still suing me causing their legal fees to be increased and billing me for their legal fees are their any laws protecting my rights

1. how do I get them to finish remodeling ?
2. Am i entitled to withold payment of special assesment until the finish remodeling
3. Am I entitled to get the association to remove late fees, legal fees and interest from my bill
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 9 months ago.
Hi and welcome! My name is XXXXX XXXXX I will be assisting you. I am happy to help.

If you have filed an answer, you have right to present to the court about your side of the matter. You can also file counterclaims. You have the right to contest the amount they have piled on. You can argue for a reduced amount and agree to pay that amount. And you can argue that you have offered to pay this reasonable amount. You can do it when you respond. And then you can also ask the judge to require them to send you itemized bill or break down charges if they have not done so. As long as you filed an answer you have put it all in dispute. You may question the witnesses for the HOA on this issue and then dispute it. It also appears to be possible to ask for alternate resolution here.

Usually, if you want to withhold payments of special assessment, it is better to have a court order to allow you to do so because if the special assessment is separate from the suit, then the association can include your lack of payment of them as a reason to foreclose.

If you need clarification, or want to clarify your question, or have a follow up question, please let me know.

Thank you,

Damien


Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 1221
Experience: Helping you with your legal questions.
Damien Bosco and 8 other Real Estate Law Specialists are ready to help you
Customer: replied 9 months ago.


what kind of motion do I need to file with the court?

Expert:  Damien Bosco replied 9 months ago.
Hi Steve:

You would need to request "injunctive relief." Here is a link providing a detailed description of the process:


http://www.gabar.org/barrules/handbookdetail.cfm?what=rule&id=306

This gets rather complicated and it is always better if you can afford it, to have a local attorney help you with these type of cases.

If you need clarification, or have another follow up question, please let me know.

Thank you,

Damien
Customer: replied 9 months ago.


Can you file the injunction?

Expert:  Damien Bosco replied 9 months ago.
Hi Steve:

You need to find a local attorney to help you. This site does not create an attorney client relationship, nor is there attorney client privilege. We only provide helpful legal information to customer questions. If you want to find a local attorney, you can contact the bar association in your county and they most likely have a legal referral service to help you find a local attorney.

I hope your understand.

I am happy my responses have been helpful to you. If you have further questions, please let me know.

Thank you,

Damien

Expert:  Damien Bosco replied 9 months ago.
Hi Steve,

I'm just following up with you to see how everything is going. Did you find an attorney? Do you need clarification or have a follow up question? If so, let me know so I can further assist you. My goal is to provide you excellent service. If you are already satisfied, kindly rate me so I receive credit for help you.

Thank you!

Damien Bosco

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