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Richard
Richard, Attorney
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Experience:  Attorney with 29 years of experience.
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I LIVE IN A CONDO. 2 MONTH LATE I ASKED MY SECRETARY TO CALL

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I LIVE IN A CONDO. 2 MONTH LATE I ASKED MY SECRETARY TO CALL ASSOC TO SEE WHAT I OWED. THEY SAID IT WAS IN COLLECTIONS. SHE CALLED THE LAYERS AND THEY WONT TALK TO HER. NEXT DAY I CALLED THE REP FOR OUR PROPERTY AND HE SAID I OWED 886, 2 MONTHS PLUS LATE FEES, NO ATTORNEY FEE BUT HAD TO SEND TO LAWYER FIRM. SENT THAT DAY 5/23/13. ON 5/30/13 I GOT A REGESTERED LETTER CHARGING ME 1200PLUS. THEY ADDED 190 LEGAL FEE, AND 175 FOR THE ASSOCIATION(TRANSFER FEE? REALLY) I HAVENT SEEN MY CHECK HIT THE BANK AND ITS BEEN OVER A WEEK, I SUSPECT THEY MAY BE HOLDING IT TO MAKE IT LOOK LATER. WHAT ARE MY RIGHTS???????
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. In the end, you will only be out the $886. You can approach this one of two ways. One, you can simply refuse to pay any additional amounts and fight it out in court when they file a suit against you and/or try to put a lien on your condo. You will prevail in this court proceeding given your facts, but it's a bit like putting toothpaste back in the tube because you'll have to go through the process of undoing the lien and possible negative credit report. The second alternative is to pay what they say you owe and then file a claim against them in small claims court to recover the excess amount paid. The advantage of this is that you are going to court without them simultaneously filing against you for being delinquent. You can file this without an attorney and given your facts, the court will award you a judgment for the excess amount you paid. You'll want to name both the association and the attorney as defendants. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.



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Customer: replied 4 years ago.



REGARDING THIS PRIOR QUESTION, WHAT IS MY BASIS, ACCORDING TO LAW, TO RETRIEVE THESE ADDED CHARGES? ONLY 2 MONTHS SEEMS EXSIVE TO ME TO SEND TO AN ATTORNEY, IS THERE A MINIMUM AMOUNT OF TIME BEFORE THEY CAN DO THIS, LIKE 3 MONTHS MABE?


 


Optional Information:
Country relating to Question: United States
State (if USA): Connecticut
What have you tried so far?: YOUR ANSWER WAS GOOD, WHAT IS MY BASIS IN COURT? IS THERE AN AMOUNT OF TIME BEFORE THEY CAN HAVE THIS GO TO THEIR COLLECTION ATTORNEY LIKE 3 MONTHS ATLEAST? A MAX FOR LATE CHARGES BY LAW?




Hi there...I just answered this in the other thread. I'll repost it for you here....


Thanks so much for following up. Under the Connecticut statute: "Prior to initiating a collection action against a delinquent Unit Owner, the Unit Owner must be delinquent in am amount equal to two (2) months of common charges, the Board must first make a demand in a record for payment, and foreclosure cannot be initiated unless the Board votes to approve the foreclosure or there is an adopted collection policy authorizing foreclosure upon the delinquency being an amount equal to two (2) months of common charges or more." Your basis for disputing the extra amount is that you were informed by the HOA that you needed to pay the $866 and you did what they directed you to do. That is going to mean that they are going to prevented then from increasing your liability when you paid them immediately what they told you was owed.