Management Company Charging For Gate Repairs

[mandog12]

OK, This is the story i pull up in my car to leave my home and our automatic gate is not opening. I back the car and pull up again to see if it would open and nothing. There's about 3 cars behind me and the gate just simply will NOT open. I push open the gate with my hands and go about my way. Next the day the police show up at my doorstep saying that someone witnessed me "vandalizing" the gate and the association wants to press charges. I explained what happened to the police officer and he basically tells the property manager to resolve the issue between me and the board and there is no reason to get involved. The manager than requests that I write an email to her explaining what happened so she can present it to the board. Two weeks later I get a bill for around $200 and a nasty letter from the Management company saying that I broke the gate and I have to pay or else they will send it to collections. Keep in mind that the invoice they sent me is not even under my name but in the association's name. What can I do in order to resolve this mess? Can the association force me to pay for something like this? Can they send this to collection even though the invoice is not even in my name and I never requested the services of the gate repair company?

Any help is appreciated!

Thanks!

[You Are Guilty]

So did you break the gate or not?

[mandog12]

No the gate did not open for me... so it was already broken when i got there...

[You Are Guilty]

Originally Posted by mandog12

No the gate did not open for me... so it was already broken when i got there...

That's not what I asked When you yourself moved the gate to get out, did that act damage the gate in any way? (Because that is the only thing you can be held liable for.)

[HomeGuru]

It would help if the OP answered the question.

[joe in calif]

If you have 3 witnesses that saw the gate wouldn't open then I would say all you need is a written statement from them, present it to your management company and that should clear you. I don't think they can collect on something that isn't in your name. The management company hired the vendor to fix the gate, you didn't hire them, The letter they sent for collection is to the management comnpany. If you are found to be responsible for breaking the gate, which I doubt, then they can try and get the money back from you. Does your management company have insurance? if all else fails, turn it over to them.