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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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HOA is trying to still me with $730.00 layer fee and 4800.00

Customer Question

HOA is trying to still me with $730.00 layer fee and 4800.00 HOA fee for payment of 1200.00 I missed over 2 years.
JA: Do you have copies of the governing documents? When were they last updated?
Customer: HOA is trying to still me with $730.00 lawyer fee and 4800.00 HOA fee for payment of 1200.00 I missed over 2 years.
JA: Where is the property located?
Customer: orlando florida
JA: Anything else you want the lawyer to know before I connect you?
Customer: I agreed to pay 200.00 a month for the second time. and because I did not have a extra $30.00 , they threat me for 3rd time to foreclose n my property
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 2 months ago.

Good morning. Where is the HOA coming up with the $4800? I understand the attorney fees, along with $1200 in past due fees but where is the extra money owed from?

Customer: replied 2 months ago.
court fees / late fees
Expert:  RealEstateAnswer replied 2 months ago.

Thank you for the rely. From a legal standpoint, the HOA would be entitled to be paid for past due HOA fees, along with any other late fees and court costs incurred to date and legal fees, to stop the foreclosure. If those are not paid, they can proceed and foreclose. Now, it would be at their discretion to work out a payment plan as well, so you can propose something which you think is reasonable and can afford to pay. If this has gone on for 2+ years, I can see why they are at the point of foreclosure, since there is a legal obligation to pay these HOA fees, which was agreed upon when you took possession.

Customer: replied 2 months ago.
I know all of this, I was in the process of setting up these arrangement until they strated back harrassing me for $30.00 I don;t have.
Customer: replied 2 months ago.
I told them I can only pay 200.00 a month exrtra, nothing more
Customer: replied 2 months ago.
Now that I have submitted $200.0 for the month of July, they want to forcluse becaseu i can not comne up with the $30.00 for the month of July.
Customer: replied 2 months ago.
This is the second time this has happen.
Expert:  RealEstateAnswer replied 2 months ago.

Why do they want $230 instead of $200?

Customer: replied 2 months ago.
The first time, I was working with the lawyer and was sending payemtns directly to HAo only to find out we aare under knnew ownership
Expert:  RealEstateAnswer replied 2 months ago.

If there was an agreement in place and you were paying under the terms and conditions of it, they could not just change it. Now, if you failed to pay and breached the agreement, they would have a right to demand payment in full or present new terms and conditions.

Customer: replied 2 months ago.
Ok, when they firdt sent a certified letter, I reached out to the laywer
Expert:  RealEstateAnswer replied 2 months ago.

And what happened at that time? Was there an agreement in place? If so, did they proceed after and file for the foreclosure even though you were paying?

Customer: replied 2 months ago.
We went back and forward. I told hiim I did not pay becasue I was under the impression I had taken over previous homeowener due as HOA PRES. I forward an email I was part of an inccedent tok place in 2015, whci he ruled becaseu I did not have anything in writing indicating HOA was wavied, I was respsonblie.
Customer: replied 2 months ago.
i sent my first $200.0 to my HOA. Only to find out my communty was under new HOA owner
Customer: replied 2 months ago.
I canceled the cehck whcijh cause me $30.00, so i sent another $200.00 to rthe currecnt HOA.
Customer: replied 2 months ago.
The lawyer reach out to me again asking abount the $285.00 alwer fee, whcic I contiue to tell time them i can only afford $200.00 a month.
Customer: replied 2 months ago.
Send a second check the following month to HOA.
HOA reach out to the laywer indicating they had recived a second check.
Customer: replied 2 months ago.
The laywer reach out to me again and I strss to them I only have; $200.00 per month. They then got upset ask HOA to refund me my first $200.00 they cashed and sent back the second check and file a lien on my proerty., whihc now costing me $4800.00 plus $730.00
Expert:  RealEstateAnswer replied 2 months ago.

Why has this gone on for 2 years? Also, if you sent a check and cancelled it and they had to incur a fee of $30, why did you refuse to pay them back?

Customer: replied 2 months ago.
Prevoious HOA had me under the impression I was part of the board which is why I was never contacted regrading my HOA fees. This new company took over this year 2017.
Customer: replied 2 months ago.
I was never sent a ceritfied letter / letter from orpeiovs HOA regarding my payment
Customer: replied 2 months ago.
I did not refuse to pay the $30.00, I can not pay the $30.0 untl next month
Expert:  RealEstateAnswer replied 2 months ago.

Members of the Board are still required to pay their HOA dues, so that would not be a legal basis to re-frame from it. At this point, I want to be upfront and honest and share that you will have an obligation to pay what is owed. You can try and argue that you never received notice and see if they would waive any late fees but at the same time, would need to show you were never placed on notice.

Customer: replied 2 months ago.
They are requesting I pay this month, which I do not have
Customer: replied 2 months ago.
they not going to budge on the late fee
Expert:  RealEstateAnswer replied 2 months ago.

If they do not budge, they can proceed, I am sorry to say. They do not have to wait and at this point, you may want to try and borrow the $30 from someone, to avoid them from proceedings. While it is not nice of them, they can demand the $30

Customer: replied 2 months ago.
for something totaling: $1200.00 $5559.00 isn't to excesive?
Expert:  RealEstateAnswer replied 2 months ago.

It all depends. If this has been going on for 2 years and you have been placed on notice about it in the past and failed to cure and the HOA is allowed to add the late fees, it would need to be paid. Moreover, if this was turned over to an attorney, you would be required to pay their fees as well.

Customer: replied 2 months ago.
I was never notified until 2017
Expert:  RealEstateAnswer replied 2 months ago.

You can use that as an argument to the attorney. You can share you were never placed on notice and had you been, would have cured this and ask that the fees be waived, for anything prior to 2017 and ask for proof, that notice was sent and received.

Expert:  RealEstateAnswer replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!