Potential HOA problem

[SpatiallyAware]

HOAs are one of the very very few things that just simply aren't worth fighting.


Over $1000? Yeah, maybe... $50? Eat the loss IMO, and never buy a home under an HOA again

 

[Capt Caveman]

Sounds good on paper, how feasible is this? I'm thinking of involving my brother in law who is an attorney to back me up on this but I dont want to bother him if not necessary.

Above all, I want to avoid a ding on my credit score all because they missed sending me a bill.

Over $50? If they're going to be assholes, it's not worth getting legal folks involved imho.

 

[NetWareHead]

Over $50? If they're going to be assholes, it's not worth getting legal folks involved imho.

Well of course I'd rather not go to court. Over $50, if the ding to my credit is unavoidable, yeah I'll end up paying it. I'm trying to make it more expensive to pursue me for $50 and make them give up before I do, especially considering my legal representation will cost me a case of beer at most. Even so, I'd like to avoid court, but the mere sending of a letter from my bro-in-law attorney may make them give it up.

 

[wheresmybacon]

lol. Does anyone ever get anything good out of an HOA? All you guys seem to do is bitch about them.

This year is the first time I've lived in a neighborhood that has a HOA, and as far as I can tell they do nothing.

My next-door neighbor's yard looks like a weeds experiment gone wrong, and he's either paying $20 a day or somehow the HOA rules don't apply to him. He's also got a bunch of random trash just sitting on his porch. I don't understand how he gets away with it.

 

[kranky]

Wow, they have an attorney on staff. They must start a lot of legal commotion with the membership to justify that kind of expense.

Sure, they own alot of properties and he is either staff or an outside atty on retainer. Not really too out of the ordinary.

Retainer I can understand, but I interpreted "on staff" to mean the attorney was a full-time employee of the HOA.

 

[bignateyk]

This year is the first time I've lived in a neighborhood that has a HOA, and as far as I can tell they do nothing.

My next-door neighbor's yard looks like a weeds experiment gone wrong, and he's either paying $20 a day or somehow the HOA rules don't apply to him. He's also got a bunch of random trash just sitting on his porch. I don't understand how he gets away with it.

He's the HOA president, that's how.

 

[Cuda1447]

I'm so sick and tired of people being little bitches and letting everyone walk all over you. This is a reason for this country being so fucked up. Tell them to go fuck themselves and you'll pay the $50 or they can take you to court. They'll spend a lot more than $50 too, just to collect.

Call the motherfuckingbluff. If you never got notified how can you have a late fee? Fuck them to hell.


HoA's can suck my balls.

 

[Fingolfin269]

There is no point in taking them to court. They'll just up everyone's fees, including yours, to cover the cost. In essence you would be suing yourself.

 

[alkemyst]

Sounds good on paper, how feasible is this? I'm thinking of involving my brother in law who is an attorney to back me up on this but I dont want to bother him if not necessary.

Above all, I want to avoid a ding on my credit score all because they missed sending me a bill.

First, are they even reporting this to the credit bureau...seems unlikely that they'd do that since it's not credit and so far hasn't gone to collections.

Second, it's $50. How much is your time worth? It's not the principle of the matter since it's a legitimate fee.

I'd just verify what address they have on file and if it's not your current (more than likely the rental unit's), update it and see if they can do a good faith pardon of the late fee.

If not, I'd personally just pay it and be done with it. Not like they didn't do the work.

 

[Corporate Thug]

lol. Does anyone ever get anything good out of an HOA? All you guys seem to do is bitch about them.

Never. My neighbor's HVAC unit is terribly unmaintained. I contacted the HOA..."it's not our problem" was the basic response. I made every effort to bring it to the owner's attention, to no avail (no less than 4 letters). Now I have to sue the idiot

 

[bignateyk]

Never. My neighbor's HVAC unit is terribly unmaintained. I contacted the HOA..."it's not our problem" was the basic response. I made every effort to bring it to the owner's attention, to no avail (no less than 4 letters). Now I have to sue the idiot

What could be wrong with someone's HVAC unit that would warrant you suing them?

 

[IndyColtsFan]

I'm so sick and tired of people being little bitches and letting everyone walk all over you. This is a reason for this country being so fucked up. Tell them to go fuck themselves and you'll pay the $50 or they can take you to court. They'll spend a lot more than $50 too, just to collect.

Call the motherfuckingbluff. If you never got notified how can you have a late fee? Fuck them to hell.


HoA's can suck my balls.

In their defense, what if everyone said "I never got the bill"? Eventually, that would cause cash flow problems and the HOA wouldn't be able to pay the bills for things like snowplowing.

 

[NetWareHead]

First, are they even reporting this to the credit bureau...seems unlikely that they'd do that since it's not credit and so far hasn't gone to collections.

Second, it's $50. How much is your time worth? It's not the principle of the matter since it's a legitimate fee.

I'd just verify what address they have on file and if it's not your current (more than likely the rental unit's), update it and see if they can do a good faith pardon of the late fee.

If not, I'd personally just pay it and be done with it. Not like they didn't do the work.

I am reading the contract I signed where any collection activity will be billed to me and after 30 days, collections is where it is going.

Its just a matter of principle, someone fucked up at their office and now I have to cough up the $50 under threat of collections and possible further repercussions to my credit. I'll fight it as long as it is feasible...

 

[Vette73]

In their defense, what if everyone said "I never got the bill"? Eventually, that would cause cash flow problems and the HOA wouldn't be able to pay the bills for things like snowplowing.

Send certified letters.

No court will take the "I sent it so they have to pay..." for something that is out of the norm like this.

When I took someone to small claims court he said he never got my bill. I pulled out the certified letter and he sang a new tunr when the judge said what about this.

 

[NetWareHead]

In their defense, what if everyone said "I never got the bill"? Eventually, that would cause cash flow problems and the HOA wouldn't be able to pay the bills for things like snowplowing.

And in my defense, what if everybody I did business with pulled a stunt this and claimed late fees over non-sent bills? It goes both ways.

 

[highland145]

And in my defense, what if everybody I did business with pulled a stunt this and claimed late fees over non-sent bills? It goes both ways.

But they know they owe.

 

[chuckywang]

Received an email from an HOA that governs a rental property I own. There was alot of snow this past winter and apparently a $50 dollar snow assessment was sent to all property owners to cover the extra plowing fees.

The thing is that I never received it. I'm in the middle of an email convo with one of the HOA office ladies asking her to verify my address and I stated that I never received the bill. This all started with them sending me, this morning, a bill for the assessment plus a $50 late fee for a total of $100.

I have no problem paying the snow assessment but whats the deal with the late fee? if I never got the bill... Not sure what kind of battle might be laying out in front of me. They have an attorney on staff and a collections clause in the HOA agreement.

If this is a rental property, do you forward all mail from the HOA to your own address?

 

[sactoking]

In their defense, what if everyone said "I never got the bill"? Eventually, that would cause cash flow problems and the HOA wouldn't be able to pay the bills for things like snowplowing.

*Aside* It could be in the CC&R's that the notice is considered received when it is mailed, but the OP should have never agreed to that as those records are ridiculously easy to forge. *End Aside*

Considering this is an assessment for expenses incurred which the homeowners might not know about the notices should always be sent at least Certified with receipt. Unless the CC&R's are onerous (see above) the burden of proof should be on the HOA to show the homeowner was properly notified of the assessment; HOA assessments are not like credit card bills where there is a reasonable expectation of having to pay for services knowingly rendered.

 

[NetWareHead]

If this is a rental property, do you forward all mail from the HOA to your own address?

Yes I directed all correspondence for the owner (me) to another address. Which they have.

 

[IndyColtsFan]

And in my defense, what if everybody I did business with pulled a stunt this and claimed late fees over non-sent bills? It goes both ways.

Of course it does, which is why I initially recommended to just ask them nicely to remove the late fee. If they don't, are you seriously going to waste time, money, and resources fighting them to save $50?

 

[Golgatha]

If you don't pay and can't get it dropped they can put a lien on the property.

After assessing the original late fee, interest, and tacking on filing fees for their lawyer.

 

[CanOWorms]

Why don't you check your state laws? Some states require the fees to be reasonable. A google search shows that some states consider a late fee that is 100% of the original fee to be unreasonable.

 

[IndyColtsFan]

Send certified letters.

No court will take the "I sent it so they have to pay..." for something that is out of the norm like this.

When I took someone to small claims court he said he never got my bill. I pulled out the certified letter and he sang a new tunr when the judge said what about this.

And how much was your bill to him, out of curiosity?

 

[Corporate Thug]

What could be wrong with someone's HVAC unit that would warrant you suing them?

It's directly above my bedroom and sounds like a diesel engine is on in my room when I'm trying to sleep and its ALWAYS on. Hold, cold, temperate, doesn't matter.

 

[Vette73]

And how much was your bill to him, out of curiosity?

Maybe a couple hundred. It was for some Auto work I did and he did not want to pay.
Not a lot of money but I was not going to lose money on the parts, let alone my labor. That and I knew if he did not pay after losing I could mess up his credit and also have a record at the courts for failure to pay. So either I got paid or I ruin his name/credit a little.