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I own in a condo community with HOA monthly payments - I am…

Customer Question
I own in a...

I own in a condo community with HOA monthly payments - I am current on all of my current payments and made arrangements for past due ones to pay in the amount of $500 per month as an on account payment until the balance is paid in full. I am current on these payments and the board accepted my arrangements - yet the condo attorney continues to harass me and the case has been continued for 9 months. The court now has marked this case for trial. I can not be present for the 1/17/2018 hearing as I am mandated to attend an annual conference with my employer in Florida. I have filed a continuance with the court showing where my airline ticket was purchased on November 8, 2017 for departure Jan 15, 2018 - I need an attorney to represent me if the continuance is denied. Trying to avoid a judgment. If my payments were not acceptable they should not be cashing my monthly check and auto debit each month. Any suggestions?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Philadelphia, PA

Lawyer's Assistant: Has any paperwork been filed?

Yes, I file a request for a continuance. The previous hearing I had to file a continuance as I was scheduled for surgery that date and was granted - proof of surgery was attached with the request.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's is the basics

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 13 minutes by:
1/9/2018
Real Estate Lawyer: Lori, Lawyer replied 7 months ago
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,386
Experience: Real Estate Attorney with over 25 years experience
Verified

Hello. I will try to assist you. Based upon your departure from PA due to employment, the court should grant your second continuance request. I would contact the Judge's assistant to see if you can get the motion for continuance heard before you leave town.

As to the merits of your case, the fact that the Association entered into a settlement and payment plan with you is a great defense. It is called a course of dealing -they changed the debt owed by you and continued to accept payments under that course of dealing. They should not be allowed under the law to change that course of dealing now (basically like a settlement agreement).

Hope that helps.

Please remember to accept my responses so I get credit for my work.

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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).

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