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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117419
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My wife and I own 2 condos same bldg. The past 5 years This

Customer Question

My wife and I own 2 condos same bldg. The past 5 years This condo bldg. has seen 2mgment companies come and go and 2 full boards be removed. we bought the second condo 5yrs ago.the last owner was told he owed back maint money. but no one can prove this on paper. I have my tittle to the prop. the condo lawyer has been playing games for 5 years now they are saying we owe 4000 in there lawyers fees and they just told us that the missing maint due is 700 from 2010. the new board treasurer is giving our maint checks to this lawyer who is telling the board that he can do this without a court order ??? Is what there doing criminal. please Help R.P.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
We have all our copy`s of our cashed checks to prove our records are up to date. every time they send us a court date the attorney will back out and cancel .This also has been what`s going on for 5 yrs no one can find any documentation to show us that the 700 was not paid. Also the person who Emails us from there lawyers office did not know who the treasurer is from our Bldg That don't seem right at all..R.P.
Customer: replied 1 year ago.
How do you Show 5yrs Billed at 4,000 and you we hired to retrieve 700 dollars That you have no proof. This is not right.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In order for them to collect attorney's fees they need either a court order or the bylaws have to state that the owner is liable for all association attorney's fees resulting from collection of back dues/fees.

Now, the lawyer has to prove these fees and if then owner disputes the amount of those legal fees, the owner would have to file suit in court to force the attorney and association into court to prove those fees and amounts due. The attorney is supposed to present an itemized statement of their bill to prove costs and if they are not doing so on your demand and the bylaws of the association provides for attorney's fees you need to file suit against the association now to dispute those attorney's fees and costs being billed and the court will order that the itemized attorney fee bill be presented to the court to review for whether or not the charges are appropriate.

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