HOA Questions

[88_pacifica]

What is the name of your state? Indiana

I apologize in advance for the long length here, but it details the history of the situation.

I am inquiring what my options are in dealing with our HomeOwners Association/Property Managment Group and the viabillity of fighting/contesting them.

In a nutshell we have had 3 property management groups in the last 5 years. Every one of them has dropped the ball and had terrible performance. None of the agreed upon services in the HOA covenant is fulfilled(lawn maint, snow removal, agreed upon svcs). All of the homeowners are upset with the association and therefore are not fulfilling their obligations to pay the dues. Two years ago we delayed our payment until the association resolved the problem and hired this third PMG. They have done a much better job and we have maintained timely payment of the dues ever since.

However, because the fee was paid late, the assoc has tacked on residual late fees of $25 every 15 days which is exhorbitant. At this point this fee is in excess of $500 and each of our bi-annual payments is directed towards the ever growing late fees. Now, because the HOA did not provide adequate services and we ARE current on the dues, should I contest the late fees legally in court? I have been turned over to collections at this point and am either forced to pay this compounding fee or hire an atty and contest. If I do hire an atty, can his fees be countered in the courts to be paid by the HOA/PMG should I win? What recommendations are there at this point and what are the "odds" of my success?

Thanks in advance for your input...

 

[88_pacifica]

Update: I have spoken with an acquantance that was formerly with one of the management groups that we had previously had and it appears that this may be rather difficult to achieve. Although the HOA has been deliquent on their duties to the residents, it appears that we should pay the deliquency fees and rather countersue for deliquency with regards to the covenants. Does this sound normal and is this indeed the recommended series of enets? Should the lack of fullfilling neighborhood duties be addressed in a separate suit because it is unrelated to the late fees? Please let me know if this is correct and any other ideas/opinions that you may have. Thanks again...