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Subject: How to deal with the legal fee for not paying HOA fee enough, but it is because didn't receive the notice
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Author Messages
CD6
(Texas)

Posts:21


03/16/2020 8:21 AM  
Posted By CathyA3 on 12/30/2019 9:51 AM


"One thing that bothers me is that the OP says that she has not received notices of the increased assessments or late fees or any hearings, etc. Either the HOA is run by overly aggressive incompetents... or they truly don't have valid contact information for her.

I wouldn't want to show up in court with my spreadsheets and whatnot, only to discover that the HOA has a pile of returned mail demonstrating that they have followed correct procedures to the letter."

If an owner moves and does not update their new address with the HOA, they have no choice but to continue to send a monthly statement and all correspondence to the last known address on file.
After a bill is over 60 days, statements and letters are sent Certified Mail, return receipt requested and file those when returned or refused in the safe.
GeorgeS21
(Florida)

Posts:2299


03/16/2020 10:19 AM  
I’m thinking the Paid in Full idea is likely to be pierced by any competent attorney.

Especially if it is being “gamed.”
PaulJ6
(New York)

Posts:728


03/16/2020 10:22 AM  
Posted By AugustinD on 03/16/2020 7:34 AM
Posted By PaulJ6 on 03/16/2020 2:45 AM
OP, why wouldn’t you write “Paid in Full” on the memo line and back of one of your checks now and try to do an “accord and satisfaction” that way?
Ha ha, yes, I agree. (When PaulJ6 first mentioned this, I read up on it. I agree it shows promise.)




Thanks. I've successfully done an accord and satisfaction against a HOA--while the HOA was represented by counsel that was very focused on the amount in dispute.

Under many states' laws, the HOA will have 90 days to refund the amount paid by check (if the check is marked "paid in full" or the like), which invalidates the accord and satisfaction, FYI. In my situation, the HOA did not do so; it accepted the check and didn't refund it, even though its lawyer was well aware of my doing an accord and satisfaction.
AugustinD


Posts:2906


03/16/2020 10:34 AM  
Posted By GeorgeS21 on 03/16/2020 10:19 AM
I’m thinking the Paid in Full idea is likely to be pierced by any competent attorney. Especially if it is being “gamed.”
Considering the nonsense this HOA and collections company is pulling, I encourage LeanneM1 to use every legal trick in the book to throw their sh-t back at them.
AugustinD


Posts:2906


03/16/2020 10:51 AM  
Some citations on this "paid in full" maneuver:

Under the laws of some states, if you cash a check marked “paid in full” or with other similar language, or if you cash a check sent with a letter stating that the payment was in full satisfaction of the debt, you might be prohibited from collecting any additional money, even if you are really owed more.
-- https://mylawyersllp.com/paid-full-accord-satisfaction/

http://www.blakeleyllp.com/content/2011/04/29/cashing-check-may-not-be-accord-and-satisfaction/

https://www.sussmanshank.com/accord-and-satisfaction-executory-accord-and-substituted-contract

I cannot pull up anything that is quite on point in Maryland at the moment.

PaulJ6
(New York)

Posts:728


03/16/2020 11:02 AM  
Posted By AugustinD on 03/16/2020 10:51 AM
Some citations on this "paid in full" maneuver:

Under the laws of some states, if you cash a check marked “paid in full” or with other similar language, or if you cash a check sent with a letter stating that the payment was in full satisfaction of the debt, you might be prohibited from collecting any additional money, even if you are really owed more.
-- https://mylawyersllp.com/paid-full-accord-satisfaction/

http://www.blakeleyllp.com/content/2011/04/29/cashing-check-may-not-be-accord-and-satisfaction/

https://www.sussmanshank.com/accord-and-satisfaction-executory-accord-and-substituted-contract

I cannot pull up anything that is quite on point in Maryland at the moment.





Correct. I neglected to mention that state law may also require that you (original poster) make it clear to that HOA, or its agent, that you dispute part of the debt that is allegedly owed. But AugustinD's citations cover that.
GeorgeS21
(Florida)

Posts:2299


03/16/2020 11:28 AM  
Everyone is still debating - read back through - I’m still convinced there is so much more to this.
GenoS
(Florida)

Posts:3664


03/17/2020 1:53 PM  
Posted By GeorgeS21 on 03/16/2020 11:28 AM
Everyone is still debating - read back through - I’m still convinced there is so much more to this.

As am I. I think the OP has presented a one-sded view and interpretation of what has actually taken place.

As for a "Paid In Full" accord & satisfaction, it probably wouldn't fly in Florida. As per FS 720.3085(3)(b)...

"Any payment received by an association and accepted shall be applied first to any interest accrued, then to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment. This paragraph applies notwithstanding any restrictive endorsement, designation, or instruction placed on or accompanying a payment."
PaulJ6
(New York)

Posts:728


03/17/2020 2:13 PM  
Posted By GenoS on 03/17/2020 1:53 PM
Posted By GeorgeS21 on 03/16/2020 11:28 AM
Everyone is still debating - read back through - I’m still convinced there is so much more to this.

As am I. I think the OP has presented a one-sded view and interpretation of what has actually taken place.

As for a "Paid In Full" accord & satisfaction, it probably wouldn't fly in Florida. As per FS 720.3085(3)(b)...

"Any payment received by an association and accepted shall be applied first to any interest accrued, then to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment. This paragraph applies notwithstanding any restrictive endorsement, designation, or instruction placed on or accompanying a payment."




I looked into this, and you're right, for accord and satisfaction in connection with condo associations, as the legislature changed the law to block accord and satisfaction for condo association. Accord and satisfaction may also be banned in Florida for HOAs. Rats.
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Forums > Homeowner Association > HOA Discussions > How to deal with the legal fee for not paying HOA fee enough, but it is because didn't receive the notice



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