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Category: Legal
Satisfied Customers: 57697
Experience:  Licensed attorney helping individuals and businesses
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I am being sued for unpaid HOA fees and I need help with how

Customer Question

I am being sued for unpaid HOA fees and I need help with how I could get them to waive interest fees to help so I can pay. I WANT to pay. It's just all these extra fees is making it harder to get accomplished.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: Yes, I left the paperwork in my car. I am in my husband's truck today
JA: Anything else you want the lawyer to know before I connect you?
Customer: Basically, We refinanced our home in 2009 and we were supposed to have our HOA fees included. When I did not receive a statement from the HOA, I called them and they sent a duplicate(our mail is horrible). Anyway, I asked if they could send the statement directly to my mortgage company and they said yes. Even though it was in my paperwork, they said they were unaware. So, I faxed in the first statement and they paid it then my mortgage increased about $60+/70. My HOA was $725 I think at the time and I was okay with that. My HOA fees are now $827 and I had no idea this was not getting paid until I received a notice stuck to my front door that we were being sued and we had to reply within 21 days from the next Tuesday( I believe). So, I called and the HOA won't talk to me and I do not have online access to my account. I didn't know we had online access, finally. Anyway, they want an excess of $12K and I asked if their could be anything waived. The attorneys said what would I like to be waived, they will ask. Then came back and said no. I said I could pay $8K which included 2017. I was honest with them and told them I had not seen anything in the mail come through and I assumed they were getting paid. Come to find out our4 taxes increased and that was actually the difference in our mortgage
Submitted: 9 months ago.
Category: Legal
Expert:  INFOLAWYER replied 9 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  INFOLAWYER replied 9 months ago.

You can explain the financial hardship, note that a voluntary settlement will be cheaper all around, and would ask for the courtesty and accomodation in light of that, and to avoid a possible bankruptcy filing.

Customer: replied 9 months ago.
Expert:  INFOLAWYER replied 9 months ago.

Good luck. Often such resolutions occur. Kindly rate me 5 stars.

Customer: replied 9 months ago.
I tried that, except the bankruptcy part
Expert:  INFOLAWYER replied 9 months ago.

Bankruptcy risks discharging the debt and something that may scare them. Coupled with wanting to work with you and avoid legal fees, it may lead them to reconsider.

Customer: replied 9 months ago.
Is there anything else I can do? What l if I make my payment online. Zoo zi still have tho Patti ask these extra fees?
Customer: replied 9 months ago.
Sorry, I tried that. Is there anything else I can do? If I pay online to the HOA, will I still have to pay all those extra fees?
Expert:  INFOLAWYER replied 9 months ago.

If you pay the principal without interest, they may not pursue it, but they may well continue to charge it for future monthly payments as a fee.

Expert:  INFOLAWYER replied 9 months ago.

If they imposed the fees, and wont waive them, your paying online does not change the amount.

Expert:  INFOLAWYER replied 9 months ago.

If their fees are arbitrary, not applied to others, you can contest on those grounds as well.

Expert:  INFOLAWYER replied 9 months ago.

Likewise if the interest/fees are high/unreasonable

Expert:  INFOLAWYER replied 9 months ago.

If not contained in bylaws, minutes, resolutions, can contest as lacking authority.

Expert:  INFOLAWYER replied 9 months ago.

You can attempt all of the above. Is the answer clear and acceptable?