Is owner really delinquent or did HOA not collect assessment on time?
Posted on Mon, Aug 22, 2011 @ 07:22 AM
Anyone have any advise or help with the following issue?: On 08/17/11, received a letter from an attorney's office representing our HOA, that we owed $436.02 in unpaid assessments. Then with attorney's fee, copying fee, collection fee, amounted to $747.18. Looking at my bank records, it was confirmed that each month had been paid. Two months had been knowingly paid late, but I had also paid the late fee that it requires. Our association fees are due by the 15th of each month and I was told by the property manager's office that if the dues were turned into the office on the 15th, they would not be considered late.
When we asked for a breakdown of what they claimed we owe, we discovered several possibilities March 2011's payment was mailed out on 03/08, and they are claiming they received it late, and had assessed late fees. April, and July had been turned into the office on the 15th, yet they listed those as being paid late and charging late fees. Never did we receive any correspondence stating we owed any late fees. Until now, we have received no communication from the association.
Their collection procedures state the following: 1.) 1-month late - reminder notice mailed to the address listed on your association records - no correspondence ever received. 2.)2-months delinquent - 10-day pre-lien letter sent by mail and also sent certified mail, never received 3.) If a response is not received within 15 days after the 10-day pre-lien letter has been sent, we will proceed to look up the address and name in property appraisers website to see if there is an alternate address - if so, we change the address and resend 10 day pre-lien letter - if not - we print the screen showing address is the same and forward it to the attorney for lien. Never received 4.) Attorney will send demand letter with a claim of lien to homeowner giving 30 days to pay - if no response they will contact Property Manager to ask for board approval to foreclose. - this is the step we have come to without any of the previous steps happening.
Important notes: The property is a rental, and the address of the owner differs and was communicated to the property management office on Dec. 2010. The property is co-owned by two people. Furthermore, if they did complete step 3, the owner's name does link to another property address which is the same address we had provided them. All in all - no correspondence had ever been received from the property manager until the attorney letter.