Results 1 to 10 of 10
  1. #1
    Join Date
    Nov 2015
    Posts
    28

    Default Defenses to a HOA Property Lien

    My question involves collection proceedings in the State of: Florida

    My issue is as follows. I owe my HOA $400 dollars, it is due every 6 months. I have missed a year of payments some of which is my fault. However the HOA company did not send me any payment book for well over year and all their correspondence I found out they were sending to an incorrect mailing address. When I called I was told my concerns would be passed along but I got No help no reply from them. I later turned to email and over the course of 6 months still had no payment book or way of paying what I owed. Plus I had concerns about billing and fees that needed to be addressed that were bing completely ignored.

    I have no problem paying them the HOA dues that I owe them. 100% willing. However I have havent been able to get any answers from them. I have spoken with them on the phone 2-3 times. I eventually went to email so I have records of the convo. My concerns are as follows...

    1. They never sent me a payment book for 2015 or 2016 although I requested one repeatedly.
    2. They were sending correspondence to the incorrect address so I was not receiving any mail from them.
    3. One of their emails they gave me my account number and address where to send payment but said this "New Coupon books are generally mailed mid-November which means the bank will not accept payments." So I was confused to what they were advising me to do. They were telling me not to make payments without the book which they never sent me.
    4.The random letters I did receive they were charging me for Certified Mail ($6-$6.5) per letter for standard .43 cent first class mail which I refuse to pay. on top of $50 in fees for being late when they were ignoring all my concerns and questions.

    So I basically am being asked to pay the HOA dues I owe on top of fees and charges that I should not be charged for their failures, while they fail to mail me payment books and tell me I cant submit payment without them.

    They failed to communicate with me or address my issues, they passed the buck to other employees that never reached out to me or addressed my concerns now they sent me to their Attorney who file a lien and are now charging me $1,200.

    Again I have no problem paying the dues owed, but my original concerns are still unaddressed and unanswered.

    Any help would be appreciated

    This is rediculous.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: HOA Property Lien

    Quote Quoting IamWill80
    View Post
    1. They never sent me a payment book for 2015 or 2016 although I requested one repeatedly.
    Why do you need a payment book. You know the dues are required and I assume paid them prior to 2015? Just ask for an address to send the payments to.

    Quote Quoting IamWill80
    View Post
    2. They were sending correspondence to the incorrect address so I was not receiving any mail from them.
    How did they get the incorrect address? Why did you not question the lack of communication a long time ago?

    Quote Quoting IamWill80
    View Post
    3. One of their emails they gave me my account number and address where to send payment but said this "New Coupon books are generally mailed mid-November which means the bank will not accept payments." So I was confused to what they were advising me to do. They were telling me not to make payments without the book which they never sent me.
    That makes no sense but I'm not familiar with Florida HOAs. Normally dues payments are sent to a management company for processing. Even sending them directly to the bank, they should be able to use your account number and address to credit the payments.

    Quote Quoting IamWill80
    View Post
    4.The random letters I did receive they were charging me for Certified Mail ($6-$6.5) per letter for standard .43 cent first class mail which I refuse to pay. on top of $50 in fees for being late when they were ignoring all my concerns and questions.
    Certified mail costs more than standard First Class and is used in matters such as these to ensure a paper trail.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: HOA Property Lien

    While certified mail only runs about $3.35, the RRR (green card) is another $2.75, and add to that the regular postage.

  4. #4
    Join Date
    Nov 2015
    Posts
    28

    Default Re: HOA Property Lien

    Im aware of the, but this was standard mail. It was not certified.

    Dues were paid all of 2015. 2016 they never sent me a payment book. When It became time for the payment I noticed I never received payment book.

    Regarding the incorrect address, They were sending mail to my Previous address I lived at prior to moving to this property. How and why they had it screwed up is beyond me. I was notified by the current resident that I had mail and i made the trip to pick up the mail. There was a couple letters from them. At this point I replied and began calling and trying to fix the issues. But they completely ignore you.

    They are charging me Certified mail fees regardless of Standard or Certified classifications.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: HOA Property Lien

    Payment book or not, it is your obligation to pay. Mailing address incorrect or not, it is your obligation to pay.
    About the only legitimate gripe you have is ithe overage on the postage.

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: HOA Property Lien

    Pay up, or things will get a lot worse.

  7. #7
    Join Date
    Nov 2015
    Posts
    28

    Default Re: HOA Property Lien

    So basically what im hearing is that the association I pay my Dues to can completely ignore my questions and concerns regarding billing, Send me a confusing email telling me I cant pay, then punish me for waiting for them to reply and doing what they said? WTF lol? THE LETTERS WERE FOREVER STAMPED .43 cents NOT CERTIFIED $6+ mail.

  8. #8
    Join Date
    Nov 2013
    Posts
    672

    Default Re: HOA Property Lien

    Pay what you acknowledge that you owe (and document that thoroughly). If they come after you for additional charges, you can go (probably to court) from there.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: HOA Property Lien

    They're under no obligation to respond to your emails. Provided the dues were set in accordance with the articles/bylaws of the association, it's your responsibility to pay them. Anything they do (payment books, statemetns, etc...) is likely only a courtesy (or a way for them to assure payment), not an obligation on their part.

    About the only thing that might be a problem (and again this isn't solved by emails) is that an increase or other assessment may not have been properly adopted, but that doesn't seem to be your problem.

  10. #10
    Join Date
    Nov 2015
    Posts
    28

    Default Re: HOA Property Lien

    That is fair. I hope they agree.

    1. Sponsored Links
       

Similar Threads

  1. Liens and Encumbrances: Former Lender Imposed a Lien for Property Tax After Selling the Property REO
    By javajitterz in forum Real Estate Ownership and Title
    Replies: 15
    Last Post: 01-26-2015, 12:59 PM
  2. Collection and Enforcement: Lien on Property
    By MsLay in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 07-28-2011, 10:46 PM
  3. Lien on Property I Want to Buy
    By JenCas in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 10-05-2008, 07:10 PM
  4. Property Division: Lien on Property
    By someday in forum Divorce, Annulment and Separation
    Replies: 5
    Last Post: 08-23-2007, 11:44 AM
  5. Liens and Encumbrances: Help with property lien
    By methos in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 10-28-2006, 10:37 AM
 
 
Sponsored Links

Legal Help, Information and Resources