Home Owners Association Nightmare

[radicalfaith]

I am Maryland. I was sent to collection for past due association dues. I mailed the check in September of 2000 to the attorney. The check was never presented for payment. I wrote four letters (Oct. 25, 2000; Nov. 23, 2000; Jan. 18, 2001 & Feb. 26, 2001) asking for the check to be presented or for the attorney to call me if there was a problem. There has been no communication. In my Feb. 26th letter I told them I consider this debt null and void if there was no communication by March 15, 2001. Still no reply. I was informed (last week) that my association has new general counsel and the previous attorney sent the new counsel the unpresented check. They informed me they are filing suit for the debt. Given the old attorney's malfeasance, what are my rights (if any)?

 

[TCB4U2B2B]

Bitter Taste Of Reality

Hello radicalfaith

Based solely upon the information you have provided, any reasonable person would assume the homeowners association should be wise enough to realize the errors and forget the situation. Such does not seem to be the case.

The real question is, if your current on your dues presently, based upon how much the outstanding amount is and can the back dues be covered with new funds presently, do you want to continue to spend more money to fight the issue?

I am basing the above premise on the fact that the association has far more unlimited resourses and funds then you have available, which may or may not be the case for you. {Sometimes my assumptions are incorrect granted.. }

I do believe you are correct based upon your posting information. However, proving it could become more costly then it's worth, in my opinion.

 

[radicalfaith]

Thank you for your kind reply. Yes, I am current on my current dues (not including the past due amount that caused the original collection process). The amount sent to the attorney was nearly $4,000. When they failed to present the check for payment after eight months I used the funds to pay the medical bill that put us in the tough financial spot to begin with. You are correct, they have more financial resources than I do. Speculative question: If were to "win", could they be liable for attorney's fees? I know I am getting more specific now and you may not be able to comment further, but thank you for you initial reply.