Dispute Condo Association Fees Attorney Collection letter

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What is the name of your state (only U.S. law)? Florida

Purchased a condo a year and half ago. Never had any notice(s) or demand for a condo fees sent to us so we contacted the community management company several times and they explained that it was their mistake since we were not added as new owners to their billing system on time. They promised to correct this so we can pay the past due on their website. They never added us to the system, sent us payment coupons or gave us any alternate payment option.

Without prior notice we recently were surprised to receive a collection letter from the condo association's attorney requesting a payment of approximately $9k for the past due fees which include late fees and attorneys' fees.

We tried to contact the community management company and left few messages in hope to resolve the issue. After few phone calls the secretary told us we can only talk to their attorney.

Please note that I'm now current on my monthly association fees since I just received my first coupon book for 2013. before that we never revived any notice(s) demanding condo fee or even documents that reflects what, if any association fees requirement are due.

Should we send a letter of dispute to the association attorney ? We would like to pay what is owed but refuse to be penalized for late fees and attorney's fees for the management company incompetency.

What are our options under the Florida state laws?

Thank you in advance.
 
You absolutely should dispute the fees but I'm wondering about the best way to handle the situation. The management company is the one at fault. They caused a need for the attorney due to their negligence who wants to get paid for the time spent corresponding with you. Having the condo association pay the attorney is still the individual unit holders paying out of their pockets for the mistakes of the management company. If you know that other members of the condo (especially the board members) have had encountered this issue as well, you may be best served speaking to them. The remedy might be firing the management company and holding them financially responsible to pay for the attorneys' fees and other costs which were only necessary due to their negligence.

With regard to Florida state laws, this is a civil matter like in any other state and does not appear complicated. It would seem to me - and just in my opinion without knowing much at all about your case - that you might do better by handling the matter personally rather than using the justice system or taking legal measures just yet.
 
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