Need clarification on the following:
1. The association provided a paid in full receipt but continued applying late fees by changing the chronological order in the ledger for this house.
Can you explain this further? I don't understand how changing the order of the ledger allows them to assess late fees if everything was paid in full as of XYZ date; unless the late fees were for new past due amounts.
The ledger should be in chronological order starting on 1/1/2016 through 12/31/2016. The Association received the $95 Jan-Feb 2 month Association fee check on 1/11/2016; they noted the check amount to reflect a Legal Prepare Foreclosure Notice Fee logged as $97.50 on 1/12/2016. Changing the chronological order allowed them to charge a late fee.
Date order FEE Balance
The ledger noted 1/1/2016 Assessment Fee $47.50 $1458.00
1/12/2016 Legal Prepare Foreclosure Notice Fee $97.50 $1555.50
1/11/2016 check 930 $97.50; this check was $95 $97.50 $1458.00
1/16/2016 late fee $25.00 $1483.00
1/19/2016 Payment check 1340 $1603.00 -$120.00
The Foreclosure Auction notice found on the door noted attempting to collect a debt… Assessment LIEN FORECLOSURE SALE with my brother’s address and the foreclosure notice was dated 1/12/2016 with the amount due: $1555.50. If on 1/12/2016 they applied the association fee the balance due should have been $1458.00.
1/19/2016 check was delivered with a written payment explanation noting: my mom’s current address at an assisted living apartment, $1555.50 of the payment was for Association fees and $47.50 was to cover the February association fee. They contacted us, no written notice to our mom, to note that an additional $208.87 was due to remove the house from the foreclosure auction.
1/29/2016 payment check 1341 $208.00 0 balance
Then we received this ledger after my mom received a letter dated March 29, 2016 from the law firm stating that she had 10 days to pay association fines in the amount of 652.50
I called my lawyer; we took the trash out at our mom’s house 1 time on 2/2/2016 and we locked the trash can in the garage; I am the only person with a key.
2/1/2016 assessment fee $47.50 $47.50
2/1/2016 fine trash cans $100.00 $147.50
2/1/2016 fine trash cans $100.00 $247.50
2/1/2016 fine trash cans $100.00 $347.50
2/1/2014 fine trash cans $100.00 $447.50
2/1/2016 late fee $25.00 $472.50
3/1/2016 assessment fee $47.50 $520.00
3/16/2016 late fee $25.00 $545.00
3/29/2016 Legal Demand $60.00 $605.00
4/1/2016 assessment fee $47.50 $652.50
The initial 1/11/2016 $95 Jan-Feb 2016 Association fee was noted out of order and the wrong amount to apply the fee to a different fee and the 1/29/2016 check requested that 47.50 go toward the monthly association fee; we were not aware that they applied the fees to other fees. It took a few reviews of the ledger to realize that they did acknowledge the January payment because they changed the amount in the ledger and they changed the chronological order of the ledger to apply that check for the foreclosure payment.
2. The law firm stated that they sent notification letters and stated that they placed a second lien on the house and listed the payment to include paying to remove the lien. There has been no lien in May of 2016 listed in the county records.
The ledger notes that on 11/19/2015 a legal 1st demand was mailed; to my brother.
12/7/2015 a legal 2nd demand and lien w recording fees is noted
5/23/2016 Demand and lien
5/23/2016 Legal recording fee
The ledger notes a FUTURE legal discharge of lien
The ledger notes a FUTURE legal recording fees; amount owed $1539.50
Our lawyer was in contact with the law firm serveral times by telephone and email. They agreed to remove the $400.00 trash can fines on 2/1/2016 and deducted $2.50 for the 1/11/2016 entry; they should have added $2.50. During the review they added another $500 fee for untimely dues and they added lawyer fees and stated they put another lien on the house but I do not see the lien registered with Wayne County. The 2015 lien, I could see that the lien was registered and my mom received the paperwork to validate removal of the lien.
They provided an email to our lawyer stating violation letters were sent to my brother’s address on:
a. Are you saying that there is no recorded lien on the house as of May 2016?
Yes, I looked again today.
b. Where did they list the payment and when?
5/23/2016 Demand and lien
5/23/2016 Legal recording fee
3. The HOA law firm continued to charge large sums to get the HOA to agree to remove fees that did not occur;
a. Which firm charged who large sums?
The ledger notes Millpointe Westland Association
Legal fees are applied as our lawyer notes the discrepancies in the ledger and they remove fees but added hundreds of dollars for legal fees
b. Did you hire a law firm to help you on this but know cannot afford them?
No, the association management firm is a large corporation: Kramer Triad Management Group. Our lawyer is not in a large corporate group. The association charges my mom legal fees for all legal issues related to her house.
4. again we paid to keep the HOA from taking our mom's house.
How much and was this for new late fees?
The Association management group is not sending any notification that there are fees, late fees, unpaid fees, nor reasons for fees.
Since the notifications have been delivered to my mom at the Senior apartment the management group has sent 2 notifications for the board ballot/election and a reminder on outside maintenance. There are no invoices and no way to track what they are doing; we only have our bank accounts to validate that they cashed the checks.
I sent and overnight payment of 3 months association fees that was delivered to their PO Box at 8 am on 6/15/2016; the payment deadline.
They have not cashed the check but I do have the tracking to note the date and time of delivery.
Thank you for your assistance.