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HOA suing me for past due fees on Rental after change in Property Management Co.

Discussion in 'Homeowners Associations & Boards' started by jstrow, Jul 30, 2018.

  1. jstrow

    jstrow Law Topic Starter New Member

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    I received a letter in the mail from an attorney stating I'm 2 payments late and I owe those payments, plus collection fees and attorney fees.

    This is a rental property and I had the HOA payments coming out once per quarter automatically from my bank.

    This is the first communication I've received about the late payments and I didn't even know there was a change in HOA Property Mgmt companies. I'm guessing the tenant was maybe receiving letters and just trashed them, not sure.

    Is there anything I can do to fight this?
     
  2. hrforme

    hrforme Active Member

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    Did the prior management company have your current correct address as homeowner and responsible party? If not,why did you not change your communication address with the HOA when it became a rental so that documentation would come to you rather than to a tenant (who is most likely to trash it as you say)?

    Why haven't you noticed that you didn't pay the last two quarters from your bank? That's part of being a responsible landlord.

    at this point, you can request that they forgive any fees, but if they actually paid an attorney and collection company, it might be hard for them to do and I doubt they will if they can prove they sent the notices to the address of record.
     
    Michael Wechsler and jstrow like this.
  3. jstrow

    jstrow Law Topic Starter New Member

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    I thought I did update all my address information 3 years ago when I moved, but to be honest the prior company's website/portal wasn't the best. I have gone through all the requirements to register the property as a rental with the county.

    Not noticing the quarterly withdrawals I do attribute to not closely monitoring my checking account every quarter, being busy with life, etc. So sure, I dropped the ball some there.

    It just seems really shady to have the first communication that I receive about this come from attorneys threatening liens and turning a $170 bill into $500. So I guess I should just contact the attorneys and explain?
     
  4. adjusterjack

    adjusterjack Super Moderator

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    HOAs have plenty of delinquent property owners, hear the same excuses all the time, and have probably adopted this procedure to make delinquencies as painful as possible. I'm not a fan of HOAs but when it comes to the money, can't say as I blame them.
     
    hrforme likes this.
  5. hrforme

    hrforme Active Member

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    our worst HOA payer is a landlord who now lives out of state --- he is the only one EVERY year that has not paid the annual bill by June. He keeps saying he will pay it the next month and then doesn't...why? Because he doesn't live in the 'hood anymore, isn't charging enough rent to make sure the $260 (A year...yep a little more than $20 a month!) is able to be paid. Our HOA does limit the late fee we can charge, but you can bet it doesn't limit the attorney or foreclosure fees. But we have to threaten with foreclosure to get him to even think of paying....ugh!

    So yes, we hear the same excuses...as a landlord, it's up to you to make sure the payment happens. One reason why I never have any wish to be a landlord!
     
    army judge likes this.

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