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Condo association has lawyer collecting late fees with no warning

Posted on Thu, Aug 12, 2010 @ 06:10 AM
condo late feesI have been paying my condo association fees by automatic payment for 2 years. It looks like in December the Condo Association set up a special assessment ($70 for 6 months) which somehow I was never notified. Now I got a letter from the attorney that I owe over $1,300 (attorney $525 plus extras fees and penalties). If I don't pay within 30 days they will record a claim of lien against my property. I try to contact the property manager of the association. He doesn't know anything. He sent me to call the lawyer. After 4 days trying to contact the lawyer and explain all the situation nothing change. I don't understand why the condo association never contact me ??? Thank you Gisela

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First, I suggest you read yiour Condominium Association ByLaws. These usually contain words concerning the process should collections be required. Second speak to the Board of your condominium in regard tio your notice of the assessment failing to reach you. Question whether the Board followed the rules in the by law Your next step will be determoned after you have the facts in hand.s concerning assessments.

posted @ Thursday, August 12, 2010 7:03 AM by Charles Adler

Do you travel a lot for business? How is it that no one not even a neighbor mentioned the assessment to you for that long of a time? Was anything posted anywhere in your community? Not even the property manager could give you information?  
What type of condo do you live in? Do you talk to your neighbors? 

posted @ Thursday, August 12, 2010 9:08 AM by Victor

Be prepared to also now be assessed additional attorney's fees for the phone calls made to the attorney. I had a similar situation in the beginning of 2010. The association made me pay for all the phone time with lawyer as well as the entire cost of the collection including court costs etc. I got WHAMMMED with a bill for well over 1,000....I had to pay it the judge ruled in favor of the assocation. Plus all late fees and dues to date...Use caution when calling the lawyer and make sure you have all your questions infront of you so you don't have to make muiltiple phone calls to the lawyer..

posted @ Thursday, August 12, 2010 9:12 AM by pie

They had a boarding meeting last week (Thursday at 4pm) and I talked right with the Property Management (They ar not located in my city and I have no way to contact them)in charge. She said, she understood all the misunderstanding and that it will fix. I went to the Office manager (like she asked me), but he still said he doesn't know anything. Now I believe they are just playing with me, too make everything longer ( I have 30 days to pay) 
I don't travel at all. Most of my neighbors are just renters or houses on foreclosure. They didn't post anything about the special assessments. 
And today I just realize the most of the late fees are from my last 6 maintenance payments. I have been paying them by automatic payment for over 2 years. It was never a problem that they got charge 1 or 2 days after my due date. 
I didn't mention this before, but my condo was going to foreclosure last year, but I fixed with my mortgage company (loan modification). I believe somehow is some connection. Because the first time I contact the attorney she mentioned it .

posted @ Thursday, August 12, 2010 8:28 PM by GISELA

what state are you in? I know in IL in order to collect back assesments for those at risk or in process of foreclosure the association as to take precautions to protect assesments. For intance our HOA chooses to do Forciable entry and detainers. If you are 30 days late ONCE u get a letter and a 75 dollar fine. Next is sheiff serves u with a sumons and then you have to pay or QUIT. Forciable Entry and Detainer means the association is petetioning the court to revoke your rights to live in your condo or home and they are seeking a posession order. If granted they get your condo in a sense but not really the bank owns it still someone has to pay the mortgage or it will go into Foreclosure. All they did was protect there right to collect 6 months back assessments. If they dont do this in IL before Foreclosure starts the Foreclsoure superceeds any liens on the home and the association gets nothing! You need to talk to some of your neighbors and find out whats going on if you cant get any answers from BOD or manager.

posted @ Friday, August 13, 2010 7:48 AM by Pie

You have admitted to being late with your dues. You stated you didn't receive a notice of the assessment. I'm sure you have neighbors who aren't renters. Find them and talk to them and see if they received a notice or if the too are being assessed penalties. 
You stated you went to a board meeting! Did you talk to the people on the board? Were there other owners at the meeting? Did you talk to them? 
I'm sorry but your side of the story seems to be missing something.... 

posted @ Friday, August 13, 2010 11:42 AM by Victor

UNKNOWN RECORD CLAIMANTS ARE INTITLED TO RESPOND TO YOUR FORECLOSURE I.E. ASSOCIATION are you sure these lates fees are not regarding the answer and appearence they probably more then likey filed with the coourts regarding your F/C to cover their butts and make sure the community did not suffer loss of assessments due to your "at the time" pending foreclosure? Sounds like attorney's fees maybe that went uncollected maybe? which are due and owing the month they were aquired...and would make sense to have NOW LATE FEES? I agree with Victor it's hard to help I am not fulling understanding the situation.

posted @ Friday, August 13, 2010 1:08 PM by Pie

Probably I didn't explain myself clearly. There are 3 different points in my case: 
1. Last year I was working in my modification loan. During the process I went to Foreclosure. Finally December last year I signed the final agreement. I'm clear with my Mortgage Company. Now, I understand my HOA was interesting about that. But I had never hired a lawyer to defend me. 
2. I've been paying my maintenance for over 2 years in the same way. I had never miss a payment. I set up an automatic payment with my HOA bank. It was always charged on the 3rd of each month. Never a problem. Now they said I'm late for the last 6 months because the due date is the 1st of each month ????? 
3. I didn't know about the Special Assessment (70$ x 6 months). And I have not problem to pay it if I could get at least a bill or reminder if I miss it the first time. 
I just would like to fix everything (to pay the special assessment and some reasonable extra) like I said to the manager and to the attorney But it looks like they don't. 
I went so many times to talk to the manager that now when I just open the door he said "I don't know" 
@ Victor: I live in a building with 6 condos (1/1). 3 of them are vacant right now, 3 of them are renters. There is one owner which one works that same like me, and we don't really see or talk too much. 
When I went to the boarding meeting, it was probably 8 owners. My Community is half condos and half apartments. 
I try to talk during the meeting, but the person in charge (Property Management) asked me to talk at the end with her. And that's what I did (my inexperience???). I had to wait for 2 hours and I was happy when she said "it will be fixed". But it was not true, so far nobody is willing to talk to me and get a reasonable solution. The bottom line the time is passing and at the end of the month I have to pay $1400 if not a will get a lien against my property.  
I really don't know what else to do. I don't think I should to pay that amount of money (which one, of course, I don't have it) 

posted @ Friday, August 13, 2010 8:15 PM by GISELA from Florida

Write the board a letter and ask for a payment plan write the attorney a letter and ask for a payment plan..It would not hurt to ask right?

posted @ Friday, August 13, 2010 9:45 PM by Pie

would like to know if condo association (sopping center} can decide to fine you 50$ if you are one week late with the dues,never missed a payment,live in florida. no notice was ever sent .thank you ,,hope you can help.

posted @ Tuesday, February 08, 2011 6:53 PM by vivianne gata

would like to know if condo association (small sopping center) can set their own law in fining 50$if dues are not received by the 7th!?we had no notification only by e mail.i live in florida. thank you.

posted @ Tuesday, February 08, 2011 7:07 PM by vivianne gata

Vivianne as long as its in your bylaws yes they can fine you for being late no matter how good you have been in paying over the years. If I were you I would go to a board meeting and say exactly what you said online. If they want to be nice they  
can let your slide for being late.  
Vivianne next time start a new post don't add a new post on to someones post or your post may get lost in the drift! 

posted @ Tuesday, February 08, 2011 7:08 PM by Victor

Is it legal for them to collect late fees without warning? I have heard about similar stories in the past, but I don't know what happened. I hope I can get my brother some help because this might have happened to him.  
Jayden Eden | http://www.kamloopslaw.com/our_lawyers.html

posted @ Friday, March 21, 2014 9:47 PM by Jayden Eden

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