Hello I'm from FL Miami,condo where my dad and I live in is asking my dad to pay 8k from past maitnance payments but my dad after gathering his past trans shows he only owes 2-3k,He met up at court and showed this and asked for a ledgers from the condos lawyers who said they will send it,the judge said my dad had date to reply the condo,lawyer sent a doc(just the day before the due date) with a bill of 12k from the condo trying to charge us for their lawyer fees and not presenting where they were charging the 8k from in the doc either just saying we now owe 12k can they make us pay for their lawyer and deny giving us a ledgers?And also make us pay for their lawyers fees?
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Condo asking for 8k in past maitnance payments but their lawyer denys giving ledgers?
- Thread starter tomcamxw
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adjusterjack
Senior Member
I'm guessing (and you can verify this) that the condo association CC&Rs (your Dad's contract with the association) has a bilateral attorney fee provision which means that, if the condo wins the lawsuit then, yes, your Dad will pay their attorney fees.
Seems to me that your Dad is in way over his head and needs a lawyer of his own (or it's going to be $20,000 before long) or he should consider offering a lump sum discounted cash settlement to get out from under this.
Or file bankruptcy, which might or might not help if the condo association is still allowed a lien on the condo for the money.
Seems to me that your Dad is in way over his head and needs a lawyer of his own (or it's going to be $20,000 before long) or he should consider offering a lump sum discounted cash settlement to get out from under this.
Or file bankruptcy, which might or might not help if the condo association is still allowed a lien on the condo for the money.
In most condo declarations, you must pay the maintenance assessments, plus late fees, plus interest, plus any collection fees, which includes all the legal fees associated with this collection and court. So yes, in general you have to pay all the fees.
If you ask for an accounting at this stage, you may incur more legal fees.
Any owner can see their account statement, but like I say, anything now goes through the lawyer so you may incur more fees to see the statement.
You may want to pay all of it first and when all is done, then ask to see your account statement as well as the lawyer's invoices to the association.
I agree with adjusterjack that you need a lawyer (and the rest of his post).
If you ask for an accounting at this stage, you may incur more legal fees.
Any owner can see their account statement, but like I say, anything now goes through the lawyer so you may incur more fees to see the statement.
You may want to pay all of it first and when all is done, then ask to see your account statement as well as the lawyer's invoices to the association.
I agree with adjusterjack that you need a lawyer (and the rest of his post).
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