The HOA stated in a letter to my mom, drafted by a paralegal that they were going forward with filing a lien agains my mom's condo. This is the day before she was paying the full 7000.00 amount as she had told them she would. She took a draft against her 401K and was waiting the bank required 10 days for the check to clear after which she was paying the full amount due.
My Mom visted witha local Attorney to find out her options but was still somewhat confused after the meeting so she was still planning to pay the full amount. During the meeting with the attorney he called the mgt. co to ask a question, no one answered so he left a message stating who he was and what it was regarding. This phone message prompted the Assoc. to send the letter to my mom about the lien, I believe in retalition for her seeking counsel. (If they had just waited they would have been paid)
One day after the meeting she recieved and the attorney (who had not been retained) recieved a certified letter from the HOA that they were going forward with a Lien and tacking on another 595 for legal / administrative fees scared the bejesus out of her, and confused her since she had told the mgt co that she would be making a full payment the following day.
Rather then making a payment she took my adivce and retained an attorney of her own, who immediattley calmed her, and told her that no the could not demand immediate payment for the full amount etc.. He drafted a letter advising that he was her attorney of record etc and that she would not be paying and for all correspondence to go through him and their attorney not a paralegal.
Long story short they are only collecting 3 years of dues instead of the 6 and the assoc. is paying her attorney fees and apologizing for her distress in this matter. Additionaly the assoc is admitting fault for inadequate audits and failing to follow-up on the requests made by mom to get billed.
Use the boards as a ref. but if you have a real issue, part with a little bit of money to get an actual legal opinion in your jurisdiction.
Thanks
Darrin
My Mom visted witha local Attorney to find out her options but was still somewhat confused after the meeting so she was still planning to pay the full amount. During the meeting with the attorney he called the mgt. co to ask a question, no one answered so he left a message stating who he was and what it was regarding. This phone message prompted the Assoc. to send the letter to my mom about the lien, I believe in retalition for her seeking counsel. (If they had just waited they would have been paid)
One day after the meeting she recieved and the attorney (who had not been retained) recieved a certified letter from the HOA that they were going forward with a Lien and tacking on another 595 for legal / administrative fees scared the bejesus out of her, and confused her since she had told the mgt co that she would be making a full payment the following day.
Rather then making a payment she took my adivce and retained an attorney of her own, who immediattley calmed her, and told her that no the could not demand immediate payment for the full amount etc.. He drafted a letter advising that he was her attorney of record etc and that she would not be paying and for all correspondence to go through him and their attorney not a paralegal.
Long story short they are only collecting 3 years of dues instead of the 6 and the assoc. is paying her attorney fees and apologizing for her distress in this matter. Additionaly the assoc is admitting fault for inadequate audits and failing to follow-up on the requests made by mom to get billed.
Use the boards as a ref. but if you have a real issue, part with a little bit of money to get an actual legal opinion in your jurisdiction.
Thanks
Darrin