Disputing Referral to Collections by HOA and Associated Fees

[Momma Traci]

I live in California. My homeowners association (HOA) referred my account to collection for late assessments in 6/15/09. I have been trying since that time to dispute the fees associated with their referral (over $600) because they failed to notify me that my account was past due or that they were sending me to collections. Apparently this is all complicated by something called the Davis-Stirling Act.

Long story short, I made a mistake by thinking I had made a payment, that I did not. I didn't get a late notice or a final notice as the HOA has provided in the past (they have admitted this, in writing) or I would have caught the error then.

I've spoken to the HOA president, who defers to the management company who won't talk to me because my account is with the collection agency. I have faxed (have confirmations) and sent a registered letter disputing the referral and subsequent charges and request a meeting with the HOA Board of Directors. I've been continually blown off.

I learned today that I can't take them to small claims court to dispute the amount because I haven't paid the fee. Apparently I have to wait for THEM to sue ME. Do I have any other options? What CAN I do?

[SChinFChin]

Another option is to pay the fee, marking "under protest" on the check, and sending a letter along indicating if they deposit the check, you will sue the HOA and management company for the return of the fees, with a copy of the letter to the HOA and management company.

[Momma Traci]

Yeah....that really seems to be my only option at this point because they still haven't granted the meeting I requested in July.

HOA address is the management company's address. All correspondence goes to them. Should I serve the HOA president in that case?