PeterG6
(Vermont)
Posts:7
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| 12/29/2020 4:38 AM |
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| I baught a trailor in a hoe 5 years ago I paid ahead on my fees every October id go to the office and try to give them more money they kept telling me I was paid to far ahead and refused my money this year I did the same and was told I still had a credit I told them it wasn't possible in checking in on it they discovered they had my lot locked so it looked like I had credit now there trying to get me to pay them 5700 is this legal to do to someone |
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MelissaP1
(Alabama)
Posts:9862
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| 12/29/2020 4:56 AM |
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| Depends on what it is for and if it is owed. Legal is maybe not the right term. Is it right may be. |
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Former HOA President |
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TimB4
(Virginia)
Posts:17180
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| 12/29/2020 5:46 AM |
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If the $5,700 is for what you owe (and not any late fees), I would say absolutely.
If it includes late fees, I would ask for a meeting - explain the situation and ask that the late fees be waived.
You don't want them to turn the matter over to collections. |
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GeorgeS21
(Florida)
Posts:3601
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| 12/29/2020 6:06 AM |
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PeterG,
I don’t understand.
You must know whether you paid for each cycle - you infer annual payment?
If $5700 has accrued over just five years in a trailer park, there must be large fees and interest? We’re you not notified?
It sounds like you have not paid sufficient attention to paying your assessment - and waited for years to address? But, again, you did not received notice of what you owed, the fees and interest?
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TimB4
(Virginia)
Posts:17180
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| 12/29/2020 6:10 AM |
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Actually, $5,700 over 5 years (60 months) equals $95 per month.
It appears that neither side kept good records.
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PeterG6
(Vermont)
Posts:7
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| 12/29/2020 6:39 AM |
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| I had a credit of 3000 but computer didn't take it out my account was locked but every year I go down and try to give more money they would not take it cause the said I was far enough ahead our hoa is 120 a month |
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PeterG6
(Vermont)
Posts:7
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| 12/29/2020 6:39 AM |
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| I had a credit of 3000 but computer didn't take it out my account was locked but every year I go down and try to give more money they would not take it cause the said I was far enough ahead our hoa is 120 a month |
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GeorgeS21
(Florida)
Posts:3601
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| 12/29/2020 6:50 AM |
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OK ... trailer park with amenities or telecom included, right?
So, you knew you owed the assessments, and for years you didn’t pay? |
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AugustinD
Posts:4828
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| 12/29/2020 9:05 AM |
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Posted By TimB4 on 12/29/2020 5:46 AM
If the $5,700 is for what you owe (and not any late fees), I would say absolutely.
If it includes late fees, I would ask for a meeting - explain the situation and ask that the late fees be waived.
You don't want them to turn the matter over to collections. Based on my reading about what a bank does when the bank, by mistake does not bill enough to a borrower for a mortgage, I agree with the above. Realistically:
-- I believe the law says PeterG6 does owe this money. (And yes, the HOA staff are jerks for messing this up. Still, from my reading the law is on the HOA's side here.)
-- For PeterG6 to fight so as not to pay any of what the HOA is now demanding, in my experience an attorney would be essential.
-- If PeterG6 has documentation of his attempts to pay each year, then bring this to the meeting TimB4 proposes above.
-- If PeterG6 needs a payment plan, then ask for this meeting and ask for such a plan, explaining the situation.
-- Some banks will be open to settling for less than the amount owed. You could say at this proposed meeting that you are willing to pay $3000 to settle the debt, but you are strapped and cannot pay more, ever. The fault was the HOA's (though again, the law is on the HOA's side here). You are asking for the HOA to own this reality. See what the HOA board says.
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AugustinD
Posts:4828
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| 12/29/2020 9:07 AM |
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Posted By AugustinD on 12/29/2020 9:05 AM
For PeterG6 to fight so as not to pay any of what the HOA is now demanding, in my experience an attorney would be essential. And the cost of the attorney would quickly exceed the amount in dispute, in my opinion. Granted the HOA directors will not want to pay the HOA attorney to deal with this, either, as the amount in dispute here does not really justify paying the HOA attorney some $1000 to collect some $5700.
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PeterG6
(Vermont)
Posts:7
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| 12/29/2020 9:35 AM |
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| I have gone to the office every year and when they didn't accept my payment I had them give me a paper printed that showed I had a credit including one from Oct 2020 does that help me there dated and on the parks letterhead |
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PeterG6
(Vermont)
Posts:7
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| 12/29/2020 9:53 AM |
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| Every year they gave me a paper that said I had a credit this year I went to pay and they said I had a credit I told them that its not possible thats how we figured out the computer was locked only on my account im also the vice president they had a meeting and would not let me attend it |
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JohnC46
(South Carolina)
Posts:10366
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| 12/29/2020 10:04 AM |
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Posted By PeterG6 on 12/29/2020 9:53 AM
Every year they gave me a paper that said I had a credit this year I went to pay and they said I had a credit I told them that its not possible thats how we figured out the computer was locked only on my account im also the vice president they had a meeting and would not let me attend it
We would have allowed you to attend and present evidence but not interrupt as we discuss it and you cannot vote concerning it.
Were It me, I would try and settle for some of what is owed. |
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PeterG6
(Vermont)
Posts:7
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| 12/29/2020 10:17 AM |
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| So the papers they gave me saying I had a credit is no good or the fact that they would not take any money from me means nothing also can I go after the park manager cause it is her responsibilities dealing with our money it should of ben caught by her knowing the amount being deposited every month wasn't right and how can our books still be accurate we only have 86 trailors |
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PeterG6
(Vermont)
Posts:7
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| 12/29/2020 10:17 AM |
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| So the papers they gave me saying I had a credit is no good or the fact that they would not take any money from me means nothing also can I go after the park manager cause it is her responsibilities dealing with our money it should of ben caught by her knowing the amount being deposited every month wasn't right and how can our books still be accurate we only have 86 trailors |
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SueW6
(Michigan)
Posts:799
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| 12/29/2020 10:30 AM |
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Did you get a coupon book from which you paid your assessments?
Any kind of an invoice sent to you?
All you have now is something showing intention of you trying to give the office some money. If their records said that you didn’t have to pay any money, then this is an error on their part and should back off trying to collect on their error.
The paperwork is important in this issue. |
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AugustinD
Posts:4828
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| 12/29/2020 10:45 AM |
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Posted By PeterG6 on 12/29/2020 10:17 AM
can I go after the park manager cause it is her responsibilities dealing with our money What (legal) harm did the park manager cause you? And to how much money does this harm translate in your opinion? You might think, "the legal harm is $5700." But from my reading, the law says you contracted to pay this amount, via the covenants. So this $5700 is not (legal) harm.
You're angry that you tried for years to pay what you believed was owed. The HOA would not accept payment. Now all of a sudden the HOA is saying you are right. I would be angry. But I would also know, from experience, that the HOA not only is legally correct, but it is also legally obliged to try to collect the money you do, in fact, under the law, owe.
Hopefully this thread will ease your pain a bit, if only by way of many folks posting to say that the HOA needs to do better when it comes to billing for assessments.
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AugustinD
Posts:4828
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| 12/29/2020 10:48 AM |
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Posted By PeterG6 on 12/29/2020 10:17 AM
So the papers they gave me saying I had a credit is no good An attorney might say these papers count for a lot. The attorney, for a small fee of $4000 to $7000, might be able to relieve you of having to pay the $5700. The math is:
-- Spend an unknown amount, but at least a few thousand dollars, on an attorney so maybe I would not have to pay the $5700. I would keep in mind that the attorney knows more than I do and maybe is just trying to fill you with false hope while he bills you for many hours of his or her time.
-- Pay the $5700, hopefully on a payment plan.
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