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HOA Delinquency Procedure

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Ariba

Junior Member
What is the name of your state (only U.S. law)?Colorado

First post. I hope it is appropriate.

My question involves collection proceedings in the State of: Colorado

I had a tenant complain about having no heat in the apartment. This is a 12 unit condominium with Hot Water Baseboard Heat (1-boiler). To make a long story short, I called the HOA management and they called a HVAC company and they spent a total of 5 hours diagnosing the problem before they determined that the furniture against the baseboard was preventing the heat to circulate properly. The technician helped the tenant move the sofa and the problem was resolved. The five hours consisted of 2 service calls. The first for 2-hours and the second for 3 hours. However, I find the 5 hours charge to be completely unreasonable, since IMHO the Certified HVAC technician should have checked the most obvious problem first, thermostat, HWBB register, before spending 5 hours diagnosing the boiler.

The HOA association submitted a bill to me for $600 for work performed by the HVAC company and assessed the bill to my unit, and therefore is subject to the non-payment remedies as called for in the Declarations and Delinquency Procedure.

I have several questions on how to proceed in disputing this unreasonable charge. Since the HOA called the HVAC company and paid them, do I dispute the charges with the HOA or the HVAC company? If it cannot by resolved equitable, should I pursue this in Small Claim Court and you do I go after? Is it reasonable to request a full comprehensive accounting of the charges. If so who should I request them from, since technically the HOA is the HVAC customer.

Any insight is greatly appreciated. If you need addition information I will gladly provide them.
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)?Colorado

First post. I hope it is appropriate.

My question involves collection proceedings in the State of: Colorado

I had a tenant complain about having no heat in the apartment. This is a 12 unit condominium with Hot Water Baseboard Heat (1-boiler). To make a long story short, I called the HOA management and they called a HVAC company and they spent a total of 5 hours diagnosing the problem before they determined that the furniture against the baseboard was preventing the heat to circulate properly. The technician helped the tenant move the sofa and the problem was resolved. The five hours consisted of 2 service calls. The first for 2-hours and the second for 3 hours. However, I find the 5 hours charge to be completely unreasonable, since IMHO the Certified HVAC technician should have checked the most obvious problem first, thermostat, HWBB register, before spending 5 hours diagnosing the boiler.

The HOA association submitted a bill to me for $600 for work performed by the HVAC company and assessed the bill to my unit, and therefore is subject to the non-payment remedies as called for in the Declarations and Delinquency Procedure.

I have several questions on how to proceed in disputing this unreasonable charge. Since the HOA called the HVAC company and paid them, do I dispute the charges with the HOA or the HVAC company? If it cannot by resolved equitable, should I pursue this in Small Claim Court and you do I go after? Is it reasonable to request a full comprehensive accounting of the charges. If so who should I request them from, since technically the HOA is the HVAC customer.

Any insight is greatly appreciated. If you need addition information I will gladly provide them.
**A: pay the charge first to the HOA, then dispute.
 

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