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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I recently moved within the same condo complex into the

Customer Question

Hi I recently moved within the same condo complex into the same floor plan but one building over, equating to about 200 feet door to door from one another. Reason being we short sold and are now renters. As original owners we bought pre-development. We started receiving our utility bills of which Gas and Electric seemed outrageously high but didn’t think anything of it at the time. About a year and a half later we discovered we were paying a water bill which was supposed to covered by HOA. Not only was it for our unit it was for our entire release about 15 units total. The HOA did credit us back. Long story short we believe the same thing was happening with our PGE. Since moving into our rental unit in the next release over but exact same floor model we are paying less than half of what we were paying at our original condo. Some basic math estimates we have been over charged by at least 10K for the 8.5 years we have lived here. We are looking for recommendations on how to proceed with recapturing this money.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
I am sorry to learn of this situation.You appear to have a claim here based on the facts as you have posted them, but I do have a concern regarding the statute of limitations (you do not give the state that your residence is located in, and statutes vary greatly from one state to another - see: http://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html - you are looking for the statute of limitations for written contracts, and you will be able to legally force the HOA to repay for the overpayments going back that far from the date you were to file a civil claim (so if you filed July 1, 2015, and you had a 4 year statute, like in California, you can recover for utility bills back to July 1, 2011)).However, if the HOA is willing to negotiate with you, that may be worth pursuing, you can try getting them to agree to a "tolling agreement" (where the statute of limitations is "placed on hold" for a short time) while you are negotiating a resolution. Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

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