Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

Today I received a 'final delinquency warning' via certified

Customer Question
mail for dues that the...
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: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 minutes by:
6/13/2016
Real Estate Lawyer: Bill Fix, Attorney replied 1 year ago
Bill Fix
Bill Fix, Attorney
Category: Real Estate Law
Satisfied Customers: 81
Experience: Attorney at Fix Law, PLLC
Verified

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.

Ask Your Own Real Estate Law Question
Ask Bill Fix Your Own Question
Bill Fix
Bill Fix
Bill Fix, Attorney
Category: Real Estate Law
Satisfied Customers: 81
81 Satisfied Customers
Experience: Attorney at Fix Law, PLLC

Bill Fix is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I am having issues with my HOA. Seeking advice from an HOA
good evening, I am having issues with my HOA. Seeking advice from an HOA lawyer in Torrance. … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,524 satisfied customers
I am the President of our HOA and my next door neighbor
I am the President of our HOA and my next door neighbor built a shed without approval. He refused to make appropriate changes . And the Board had to go to trail. Since then he has harassed me nonstop.… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I am in an HOA. The HOA wants an air conditioner unit at the
I am in an HOA. The HOA wants an air conditioner unit at the rear side of the home to be removed but the bylaws states must be removed from front wall or Windows. Also individual in the home previousl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Our HOA failed to final the State Corporation Commission.
Our HOA failed to final the State Corporation Commission. The community lost its incorportation … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,052 satisfied customers
HOA removed mine and my neighbor hoses, that were neatly on
HOA removed mine and my neighbor hoses, that were neatly on a holder. Because HOA says it was on common area in the open. Hoses cannot be seen unless you walk around the unit. The President of the HOA… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,039 satisfied customers
How can our HOA approve a project, but then be forced to
How can our HOA approve a project, but then be forced to change its approval to disapproval by Property Management? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Barrister: HOA is foreclosing on lien for HOA dues. Court
Barrister:HOA is foreclosing on lien for HOA dues. Court filed notice of impending dismissal. Evidently they did not meet the deadline. Court filed :Dismissed/Dismissal. Can't view on line to read the… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I have a town home in a hoa. I contacted the hoa in 2014
I have a town home in a hoa. I contacted the hoa in 2014 about a build up of rain water next to my home that has caused some slight foundation movement small interior wall crks it took about a year bu… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,933 satisfied customers
HOA in Florida, the HOA budget has been kept artificially
This is for an HOA in Florida, the HOA budget has been kept artificially low for years, some line items such as taxes on the gym have not even been budgeted. Our docs say to raise the budget over 5% w… read more
LegalGems
LegalGems
Juris Doctorate
10,212 satisfied customers
I'm about to go into an HOA meeting. The HOA board members
I'm about to go into an HOA meeting. The HOA board members all have a smaller sqft than the rest of the homeowners. The board members want to lower their HOA fees and charge by the sqft. Is this commo… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I was told that for a Georgia HOA letter, the HOA letter
Hi -- I was told that for a Georgia HOA letter, the HOA letter cost was capped by a law. Something like $35 or something like that. But I know the cost for the letters that closing attorneys must orde… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
I live in, NV in an HOA community. My neighbor has sent me a
I live in Henderson, NV in an HOA community. My neighbor has sent me a demanding letter to cut down tree branches from one of my trees that is now rubbing on his roof. He stated that I must also provi… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
Tn hoa approved neighbors fence which is in gross ovulation
Tn hoa approved neighbors fence which is in gross ovulation of by laws. Fence built within 3 ft of front of my house. By laws say can not build within 20 ft of front of any unit. When I complained hoa… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I've been told by a neighbor that if an HOA provides lawn
I've been told by a neighbor that if an HOA provides lawn care and landscaping services, Florida HOA Laws state that it's an "all or nothing" decision. Our HOA says we are each responsible for the 4-f… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,899 satisfied customers
In georgia,.am i required to join an hoa? this hoa was
in georgia,.am i required to join an hoa ? this hoa was established 4/19/17. i have been here since 2007. this hoa was established forcibly and not by a vote. officers were appointed by the owner of t… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,189 satisfied customers
It's an HOA question - Neighbor was playing music load
It's an HOA question - Neighbor was playing music load passed 10 om and up until 1 am. I left a nice note on their door asking them if they could turn the music down after 10 pm or maybe wear a headse… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
The manager of our HOA told a neighbor that I voiced a
The manager of our HOA told a neighbor that I voiced a complaint about them because they don't follow the CC & R rules. The manager told me the she is obligated by law to tell a person who complained.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
HOA and neighbor's messy tree... Arizona. The neighbor has a
No. The neighbor has a big sisso tree which makes a mess in our yard. My HOA says there is nothing I can do as long as she keeps the tree trimmed....there has to be something. We are unable to use our backyard/pool due to the mess without having to clean it first. We've offered to split the cost to take it down but she won't take it down. … read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,207 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x