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Bill Fix
Bill Fix, Attorney
Category: Real Estate Law
Satisfied Customers: 79
Experience:  Attorney at Fix Law, PLLC
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Today I received a 'final delinquency warning' via certified

Customer Question

Today I received a 'final delinquency warning' via certified mail for dues that the HOA management company claims were not paid for the years 2014, 2015, 2016. This was the second invoice received. Upon receiving the first invoice I called the management company, with the posted check images from my banking institution in my hand, inquiring about the invoice. I also emailed the copies to the company. I explained that a check was written in the amount of the invoice received, and cashed by the management company...(They claim that the amount of 465.00 for the 2014 assessment, the amount 470.00 for 2015, and 475.00 for 2016 is past due). After many phone calls, the manager of this company determined that they were in error about the 2014 assessment, but the 2015 and 2016 assessments were still due. It appears that they did not include the vacant lot owned by this address in the HOA invoices for the previous 2 years. I was under the impression that they lowered the dues owed given that I received just about the same invoice amount for two consecutive years. In any event, during the first round of calls, I was informed that this was a new management company and they have failed to properly invoice addresses with 2 lots. Again they agreed that the 2014 assessment had been paid, since I had the posted check image for 894.00. I was also told to disregard the invoice because I would be receiving a corrected invoice once the accountants sort out the mess that they had been given to correct . His exact words were "don't worry about that invoice, we'll send a new one". Anyway, I received this invoice via certified mail, once again stating I owe for all three years as well as a penalty and interest charge. So much for.."We'll send you a revised invoice once we sort out this mess we've taken over, so don't worry about it". I said I'd pay what was owed, but not what had already been paid. After standing in line at the post office just to open this letter, does a little more than upset me. The only revision that was made was the penalty and interest fee. Evidently they are just as unorganized as the previous company. I don't want to pay them anything, but I'm going to call, even though the invoice states to write. I Just need guidance about what to say or what I legally can or cannot do. Thank you
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Bill Fix replied 4 months ago.

Unfortunately, you may need to go through the whole explanation again. Especially if the previous discussion was with the former property management company. If you have proof (canceled check) of the 2014 payment, be sure to send them a copy of that.

If there was a mixup, and one or both property management companies failed to bill you properly, maybe you can convince them to only charge you for one lot if the statements never included itemizations for both. If you did not pay for 2015 and 2016, there's no way around that. You will be expected to pay, and the HOA can put a lien on your property if you don't.

If you're going to call or email to straighten this out, just explain everything as calmly and politely as possible. Your HOA board should be comprised of your neighbors, and the board hired the property management company to help with issues like paying bills, managing expenses, and the like. If the property management company does not work with you, perhaps taking the issue to your board will see a better result, especially if the board is aware that the companies messed up multiple assessments in the past.

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