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  #1  
Old 12-01-2004, 07:35 PM
ksb1472
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Condo Assn placed unowed lien on prop, now threating to have seized and sold


What is the name of your state? Louisiana

I live next door to my condo assn prez, one day a friend of mine and him got into a argument, no fight or anything, just a argument. the next week i got a letter saying that my friend cant come to my condo again, they cited a bylaw that said "no unit owner can do or permit anything that will cause a disruption, annoyance, or uncomfort to another unit owner." if he did i would be charged 100 dollars, to me that bylaw doesnt give them the authority to prohibite someone from coming to my home, i sent them a letter requesting we discuss this and my letter went ignored so i ignored theres. Then i got a letter saying i owed them 100 dollars for my friend coming over and all payments i make are applied to penalties before dues. So i paid my dues that month with a conditionally endorsed check saying that it was to be applied to monthly dues, they sent me the check back saying that they wont take a conditionally endorsed check, i sent them a letter saying we need to discuss this and it went ignored, i sent them another letter making clear that i refuse to pay that 100 charge but want to pay my dues, went ignored, in total i have sent them about 8 letters, all saying that i want to pay my dues, but refuse to pay the 100 fee, with these letters i have included checks for my dues that they return to me.

well after about 6 months, they hired an atty, had the atty place a lien on my condo for the dues, the fee for my friend coming over, late fees, and atty fees. I explained it all to there atty and he wouldnt listen to reason, I had my friends dad who is an atty call and tell them that i would pay all my monthly fees if they release the lien, they want all the money and wont even discuss or negotiate, my friends dad wont help my anymore without giving him a retainer and i am making ends meat now, cant afford to do that.

now i got a letter saying if i didnt pay the lien they are going to enforce it through having my condo seized and sold at a sheriffs auction.

what should i do, i feel like i am being extorted.
  #2  
Old 12-02-2004, 09:44 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by ksb1472
What is the name of your state? Louisiana

I live next door to my condo assn prez, one day a friend of mine and him got into a argument, no fight or anything, just a argument. the next week i got a letter saying that my friend cant come to my condo again, they cited a bylaw that said "no unit owner can do or permit anything that will cause a disruption, annoyance, or uncomfort to another unit owner." if he did i would be charged 100 dollars, to me that bylaw doesnt give them the authority to prohibite someone from coming to my home, i sent them a letter requesting we discuss this and my letter went ignored so i ignored theres. Then i got a letter saying i owed them 100 dollars for my friend coming over and all payments i make are applied to penalties before dues. So i paid my dues that month with a conditionally endorsed check saying that it was to be applied to monthly dues, they sent me the check back saying that they wont take a conditionally endorsed check, i sent them a letter saying we need to discuss this and it went ignored, i sent them another letter making clear that i refuse to pay that 100 charge but want to pay my dues, went ignored, in total i have sent them about 8 letters, all saying that i want to pay my dues, but refuse to pay the 100 fee, with these letters i have included checks for my dues that they return to me.

well after about 6 months, they hired an atty, had the atty place a lien on my condo for the dues, the fee for my friend coming over, late fees, and atty fees. I explained it all to there atty and he wouldnt listen to reason, I had my friends dad who is an atty call and tell them that i would pay all my monthly fees if they release the lien, they want all the money and wont even discuss or negotiate, my friends dad wont help my anymore without giving him a retainer and i am making ends meat now, cant afford to do that.

now i got a letter saying if i didnt pay the lien they are going to enforce it through having my condo seized and sold at a sheriffs auction.

what should i do, i feel like i am being extorted.
**A: all this hassle over $100? Ok, my advice then would be to hire an attorney for $2500 to dispute the $100 assessment.
  #3  
Old 12-02-2004, 05:31 PM
ksb1472
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no its not 100 dollars, it is 300 for my friend coming over 3 times in the past 8 months, almost 500 dollars in late fees for not paying my dues, but i tried to pay them and they just send my checks back to me, and 300 for attorney fees, which it wasnt necessary to hire an attorney as i have been trying to get this resolved from day 1
  #4  
Old 12-03-2004, 09:25 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by ksb1472
no its not 100 dollars, it is 300 for my friend coming over 3 times in the past 8 months, almost 500 dollars in late fees for not paying my dues, but i tried to pay them and they just send my checks back to me, and 300 for attorney fees, which it wasnt necessary to hire an attorney as i have been trying to get this resolved from day 1
**A: ok, math wiz, what is the TOTAL amount due and owing to make the HOA whole ie, your account paid in full and the matter resolved?
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