Did not recieve notice of HOA fee increase. Delinquency letter

I recieved a delinquency letter from my HOA included are mailing fees, bankruptcy check, title and research check and notice fees. I've been paying my Hoa fee thru my billpay and I never recieved a notice of increase by mail. Now HOA is slapping me with late fees for the whole year and threatening to foreclose my house. I've always thought they would make sure I recieve all notices of increase by registered mail at least. They are giving me 30 days to pay up or suffer the consequences. My question is, Is there anything I can do to stop this? How do I prove I did not recieve notice of increase? Is this kind of situation common or is it even legal for them to do this? Please help

ErnestoE - What confuses me is that you've been paying through billpay and the amount the HOA requires was not debited. Do you have a cap on the amount that can be paid to the HOA through billpay?

The first thing I would do is utilize the concept of "don't let the clock stop ticking". Meaning immediately send a letter to the HOA BOD (perhaps c/o the Management Co.) certified mail return receipt requested advising them as follows: "I am in receipt of your first request for what is stated to be uncollected fees including but not limited to maintenance fees. I was not provided notice of what you claim to be the correct maintenance fee. As you may know, I have established that my HOA fees be automatically debited from my billpay. Therefore it is troubling that the amount you claim to be the correct fee was not automatically debited. I am eager to resolve this matter and pay my fare share of HOA maintenance, as always. However, please provide me the dated notice letter advising residents of the increase so I can attach it to my records. Additionally, due to the fact that I have never been late in my payments of the maintenance I believed to be correct, please advise me yes or no if you will kindly waive all late fees pertaining to this matter."

You can paraphrase the above, especially if you have no cap on the amount the HOA can deduct from billpay. The point is, it's in your best interests to pay the HOA everything, even if there is a dispute. But it appears they are strong arming you a bit and I wouldn't back down without a respectful request and certified letter.

CharlesW1 - Without knowing all the details it seems to me that the lower maintenance amount was being debited from the billpay, just not the additional increase. I could be wrong, only ErnestoE can clarify if he was late on the full payment or just the difference.

Ernesto,
Perhaps I am reading this incorrectly but paying through a personal "billpay" was done or did you give your association authorization to debit your account authomatically through an EFT (electronic funds transfer)? I mention this because I use both methods in paying some of my bills. With my account "billpay" through the bank, I plug in the amounts at the begining of the year and the bank takes it from there. On EFT payments, I authorize my asociation to EFT monies from my checking account and further authorize them to make automatic changes when monthly assessment increases are required.

Just inquiring here so I can understand your dilemma...

ErnestoE - Don't get frustrated, just pay the amount they say you owe for now. It seems to me they should have been deducting the amount they wanted from the bill-pay, hence my question to you on how that account is setup. Perhaps you could shed some detail and that may explain that aspect of the fee discrepancy. I agree 100% with you they should not have waited to notify you of the discrepancy. It seems that all along you thought the fee was correct. And certainly, one would think a maintenance fee increase would be published. Sure you didn't miss something, do you attend monthly meetings, are there any, is a budget published to the community? You may also consider eliminating the bill-pay and finding an alternative to paying.

ErnestoE,

I can not speak on behalf of your governing documents, however in mine they simple state if the violation can not be seen from the street it isn’t a violation unless, observed by another homeowner, basically a compliant.

If I were you, I would want to see exactly were it says you are in violation, if indeed your backyard needs to be landscaped a particular way. You should be made aware of these specifications, unless you were! I would want to know what you would need to do to be in compliance and be given adequate time to comply otherwise they have NO legal ramifications to pursue such claims. IMO

Chuck W.

Yes, I'm doing EFT as soon as we clear things out with HOA. In the meantime, I sent an email to BOD regarding the backyard. Again, I did not recieve a notice of hearing before the board. I could have told them the reason why I don't have the landscape yet, I do not have the funds at the moment and that I will when able. We are in a financial difficulties. I'm being fined $100 per week till I get it done. Living in this community is beginning to be a hassle, I feel trapped. If I can only sell my house, I will, but my house is upside down. This is the first time I've lived in an HOA community and this will be the last. Really disappointing and so unamerican.