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I was the president of an HOA for 10 years. during this

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I was the president of...
I was the president of an HOA for 10 years. during this time, I paid all bills etc. I paid with cash, money order and checks. Upon my leaving they are saying I underpaid my dues by 1054.00 My thought is that I paid vendors in cash, however I did not admittedly keep good records so have no to limited receipts for this. Further I did borrow some money which I am and have already paid back. Who has the burden of proof under the law? Me? to prove and/or provide receipts or them. Over the course of the 10 years no one questioned me, asked for monthly statements of expenditures etc.
JA: Do you have copies of the governing documents? When were they last updated?
Customer: what do you mean governing docs. Do you mean did I sign anything with regard to my position as president and bookkeeper?
JA: Has anything been filed or reported?
Customer: Filed with whom?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 3 months ago.Category: Legal
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Answered in 1 minute by:
8/3/2017
Lawyer: Ray, Lawyer replied 3 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 43,556
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 3 months ago

Are they claiming you underpaid dues on your unit/property here, the dues?

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Customer reply replied 3 months ago
what I am saying is that was cash payment to vendors over the course of 10 years
Lawyer: Ray, Lawyer replied 3 months ago

You have burden of proof if they sue you and you claim you paid this.

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Lawyer: Ray, Lawyer replied 3 months ago

Do you know how old this is? From what year?And what state?

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Lawyer: Ray, Lawyer replied 3 months ago

Have you sold the property, you are no longer a resident?

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Customer reply replied 3 months ago
Meaning I have to prove I paid this or they have to prove I did not? I am not sure I fully understand
I have sold the property and no longer live there
Customer reply replied 3 months ago
this is over the course of 7 years and is in Arizona
Lawyer: Ray, Lawyer replied 3 months ago

So respond here claiming you paid it and the debt is too old .Your HOA agreement is a contract. The limit is the six-year statute for contracts: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/12/00548.htm&Title=12&DocType=ARS

Reference

https://www.avvo.com/legal-answers/is-there-an-arizona-statute-of-limitations-on-the--985293.html

Write them a letter that you paid this, that it is beyond the statute of limitations to sue for.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 3 months ago
the years are from 2010 thru 2017 (april) I sold the property only in 2017 (march) so I don't think the 6 year statute applies
Lawyer: Ray, Lawyer replied 3 months ago

If they sue you have to prove this, paying by anything other than check is risky.You have burden later on to show you paid if they have no record.You cold offer them half here as a good faith means to resolve since you don't own property there it probably isn't worth them suing for this.How is that for a compromise.

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Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 43,556
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Experience: 30 years in civil, probate, real estate, elder law

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