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My his is suing me for compliance fees that I was never

Customer Question
My his is suing...

My his is suing me for compliance fees that I was never notified about..I have tried to ask them what it was for and work with them but they keep increasing the debt to them..

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

Colorado

Lawyer's Assistant: What steps have you taken so far?

I have called them told them that I wanted to settle the 600 out of court then they said they wanted 1700

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/18/2018
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 127,560
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Can you please clarify what is going on here, it is a bit confusing by what you typed.

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Customer reply replied 6 months ago
The notice in Nov 2017 was 150.00. I was told it was for not paying my his dues. I send them a copy of the canceled check with a additional$15 I was told I owed for 15. I thought that was it..I was then told I had a violation that I had to pay fees for and I asked what it was for and was then told it was for weeds(my flowers) and not mowing my grass. I didn't receive any notice until Nov 17. I was fighting my ex for quit claim for my house I thought he was still trying to get from me.. The flower violation was in June. They said it was too late to contest is so just pay them. Then t received the letter from an attorney for $600.. I again contacted his to find ooh how to stop them and settle...that's when I was told to pay $1700....
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

So, if you dispute the fees you are being told you owe and have proof you do not owe what they claim, your legal recourse is that you can file a small claims suit in court against them and seek damages and a court order to establish you do not owe anything. So, at this point, if they refuse to settle with you for something reasonable and you do not owe what they claim, then your only remaining option is suing in small claims.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 6 months ago
I mowed and kept my grass green....I planted flowers...and kept them there all year....I pulled the weeds around them.....but I'm now being told my flowers were what they didn't like...I send them pics of the ones I planted...they said it's too late..
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

It is not too late if they never sent you timely notice. You need to file suit against them if they will not negotiate.

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Customer reply replied 6 months ago
Is it possible to win and have them pay my attorney fees or do they have their asses covered in all the legal terms of the HOA booklet they won't send me a copy of? Ice been in this house for 18 years. Long before the his became more legit...I told them I don't have access to their guidelines through their website and if they would send me a copy and I was told no..to pull it off the internet
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

They are covered by the terms of the HOA bylaws I am afraid. But that does not mean they can make you pay something you are not liable to pay. So you can sue in small claims without an attorney.

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Customer reply replied 6 months ago
How much would I sue them for? And if I have planted flowers in that same spot for 10 years and they didn't say anything before would that make a difference?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

You would be suing for the amount they claim you owe that you do not owe. Yes, it makes a difference if the flowers have been planted in the same place for 10 years, it shows that you were not in violation.

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Customer reply replied 6 months ago
Can they win based on the fact that say its in the mail? Or if they have no proof that I did or didn't receive anything give them just cause to continue ? How does the judge see it.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply

They have to prove they sent it to the proper address. However, in addition to proving they sent notice, they also have to prove YOU DID what they are alleging.

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Customer reply replied 6 months ago
Does ignorance give me a defense.....when the forced me to paint my house I was never notified of completion or approval from them that they were not going to impose fines after it was completed...I just lost my sister to cancer and my son's foot was amputated...and they didn't care I begged for more time.....
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

I am sorry to say that ignorance is never defense.

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