Send them the base fee and a letter saying that you refuse to pay the attorney fee, as you never received ANY bill, invoice, or answering machine message informing you of the HOA fee's due date. The attorney fee was unnecessary and unreasonable, since they gave you no notice of the original bill.
On the check, write: "This money is in full accord and satisfaction for all Asociation fees and disputed charges for the 2000 billing period." (Adjust the date.) Write this on the back in the endorsement area too. When they cash the check, they have agreed so "settle" the dispute for the amount of the check.
Send the letter and check by certified mail, return receipt. Xerox the check (both sides) and letter before you mail them. Keep the post office receipt.
If they refuse to cash the check, send them a non-doctored check for the HOA fees but not the attorney fees. Include a letter disputing their ability to charge attorney fees (repeat the first letter).
Here's the Florida law for your edification:
Make sure you comply with secton 3!
673.3111
Accord and satisfaction by use of instrument.--
(1) If a person against whom a claim is asserted proves that that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, that the amount of the claim was unliquidated or subject to a bona fide dispute, and that the claimant obtained payment of the instrument, the following subsections apply.
(2) Unless subsection (3) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.
(3) Subject to subsection (4), a claim is not discharged under subsection (2) if either paragraph (a) or paragraph (b) applies:
(a) The claimant, if an organization, proves that:
1. Within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place; and
2. The instrument or accompanying communication was not received by that designated person, office, or place.
(b) The claimant, whether or not an organization, proves that, within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with subparagraph (a)1.
(4) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.
Good luck,
Tracey
------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
[This message has been edited by Tracey (edited April 18, 2000).]
