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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33796
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have been sending my Hoa due monthly on time. However they

Customer Question

I have been sending my Hoa due monthly on time. However they manage poorly and don't cash my checks out at time and now they want me to pay all of the checks that they didn't cash plus late fee. Is that legal at all? Do I have to pay back all the back dues that start back in 2011 that they just told me they didn't cash my checks and the checks are now expired.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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There is a 4 year statute of limitations in CA on a debt like this, so they could go back a max of 4 years and enforce any dues that weren't credited to your account due to their not cashing the checks. However, if you sent in the checks on time each month, then they wouldn't be able to charge any late fees since you weren't in breach of the contract to pay.

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Even though they were negligent in not cashing the checks, they never actually withdrew the money from your account so it would still be owed.

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thanks

Barrister

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