Buckshot and Bacon Bits
New Member
- Jurisdiction
- Texas
In 2017 I paid my Home owners association dues online. At that time my bank would generate a paper check, and mail it to the address I entered into that particular "payees" account information. Everything went fine, no problems. I paid my 2018 HOA dues in the same manor, but unbeknownst to me my HOA changed their mailing address. My bank mailed the paper check to the old address and it was sent back "return to sender" and I wasn't aware it had been returned until I got my bank statement. When I realized it had been returned, I called my HOA, and found out that their mailing address had changed. I explained that I made my "TIMELY" payment online and that it was returned to my bank. I have evidence from my bank that the payment was indeed timely. They told me over the phone that they would waive the late fee and I paid the dues online, to the new address. The following year, I receive my yearly invoice, and the $55.00 late fee had not been removed even though I had presented evidence that I made the timely payment, but it was just mailed to the wrong address. I went by the HOA office personally this time and they explained to me that the person who told me they'd waive the fee no longer worked there. I again presented them evidence that my payment was made in a timely fashion by way of email. Again this was suppose to be resolved but to this day... 3 years later they have still not removed this late fee. It's not so much the money, as it is the principle. Is there anything I can do Legally (maybe small claims court, or a certified letter?) to make them remove this late fee? Again... I could just pay it, and go about my business but it's a matter of principle with me. Any advice would be greatly appreciated. Thank you in advance.
