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MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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The HOA changed Property management companies and I was

Customer Question

JA: Hi. What seems to be the problem?
Customer: The HOA changed Property management companies and I was never made aware of it.
JA: OK. The Real Estate Lawyer will need to help you with this.
Customer: Therefore my automatic payments were being sent to the wrong company and I got behind in my assessments
JA: Have you talked to a lawyer yet?
Customer: Yes, a friend
JA: What advice did they give you?
Customer: They said that I had a case, but it would cost more to defend it then what I owe
JA: Anything else you think the lawyer should know?
Customer: The HOA sent the delinquency letter to the wrong address, so I never got it.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Customer: They did not send it to the property address.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

How much do you owe the HOA?

Customer: replied 1 year ago.
At the time I got the Lien Notice it was $1,200
I tried to pay it, but they refused to take my payment. I tried each month for 5 months before they got back to me.
Customer: replied 1 year ago.
When they got back to me, they added late fees, interest, and collection fees for the 5 months that they did nothing and made me wait. I don't know how they can not take a payment and at the same time charge me late fees and interest.
Customer: replied 1 year ago.
They also denied meeting with me for 8 months, saying that they did not need to.
Expert:  MIAMILAW1127 replied 1 year ago.

Do you have documentation/proof of this? Emails? Anything in writing? Etc.

What is the total amount owed to date?

Customer: replied 1 year ago.
I have since fought for and been able to pay my assessments and am current paying those, but they still want $1,200 in late fees and interest as they never recorded my payments. They also want an additional $3,500 in collection costs.
Customer: replied 1 year ago.
I sent an e-mail each month asking to pay and to meet, but was denied in an e-mail response.
Customer: replied 1 year ago.
When the new management company took over, they recorded my address incorrectly and put my name on one of their other property mailing addresses. Therefore, I never received my Pre-Lien Notice even though they stated my current property address in the letter. They then filed the Lien without my ability to pay my delinquent assessments which I was more than able to do.
Customer: replied 1 year ago.
Is anyone there?
Expert:  MIAMILAW1127 replied 1 year ago.

You do have a strong case based off of what you are telling me.

However, you will need to pay an attorney hourly to handle this matter for you. That bill could easily climb past the $4,700 you would need to pay the association to dispose of this matter.

Unfortunately, this is one of those situations where you are legally correct, but it will cost you more than what you owe to be right. The only way around this would be if you would be able to recover your attorney's fees from them (perhaps by alleging that they purposefully ignored you in order to drum up these fees against you). This is a long shot though.

Customer: replied 1 year ago.
Thanks, ***** ***** what my friend said as well, that the his cost would be more than what I owe. The actual cost they are suing me fore is $273. They filed in Superior court, not even in small claims where I could defend myself.
Customer: replied 1 year ago.
It is $273 then about $4,500 in collection costs and attorney fees. I can't beleive that you can go to superior court for $273.
Expert:  MIAMILAW1127 replied 1 year ago.

Yes. In that case you would be better off paying them directly.

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