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ShanikaJ (Florida)
Posts: 1
Posted:
My HOA recently change in December and is currently under new management. Back in Feb., I got a “dues letter for Jan 2014....this clearly is false since I have the receipt saying otherwise. I contacted them only for them to say it's actually for October dues from the previous year in which they weren't even property managers then. Knowing this was a mistake on their books, I asked her to provide me proof. She said this problem seem to have happen a others in this community and she would investigate and follow up with me. This never happened instead I received a 2nd notice with addtl late fees!! After calling them, the express the previous HOA could not provide them anymore addtl evidence of a balance due with me...so I decided to fax over my bank statement reflecting payment taken. Instead of this being suffice because they were wary of the merchant's description on the bank statement which also provide them with a number contact of who I call, address and confirmed- it still wasn't good enough. Since this was last year I have no further proof since this was done online a year ago. The former HOA has nothing else to give them that reflects I owe a balance and when I call, i was told didn't appear anything dues were outstanding...Is there a governing body I can go to and get this resolved?

PitA1
Posts: 222
Posted:
yes

the applicable court of law

you have a contract dispute

you will need ABSOLUTE proof of payment

eg. cancelled checks and/or bank statement(s) and/or previous statement(s) of account

if you, PERSONALLY, can not show proof of payment then you WILL need to pay (again)

ps. your HOA did NOT change, the management co. changed - same HOA - contact the Board of Directors via certified mail, return receipt, with your proof of payment statement
SheliaH (Indiana)
Posts: 6,964
Posted:
If this has happened with other people in your community, try talking to the Board first and explain to them what you've done. If the property manager's there, he or she will have to explain the mix-up, especially if it's happened to several people more than once.

You have a receipt for January - was the previous payment made by check? If so, see if you can get a copy of that check (both sides), which may have more zing than a bank statement. Also ask the former manager if they could send you an account statement - that may also help, although the transaction may be complete by now and all the records are with the new manager. It may be the new manager is still trying to get all the records straight and in another month everything will be caught up.

Document everything you do (when you met with the board, who said what, etc.) and if that still doesn't work, you might try the consumer protection division in your area (some are with the state attorney general's office). Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Also, in addition to what others have posted, you are now aware that all communications about this issue (except for a possible meeting with the Board) needs to be in writing, as this provides documentation beyond, I said - they said.
GlenL (Ohio)
Posts: 5,491
Posted:
Shanika, in addition to the advice already posted, DO NOT assume the matter is taken care of until you receive written conformation. Typically unless they acknowledge that you paid on time, the late fees will remain and your next payment if your CC&R's and state law allow will be applied to the late fees and any attorney fees first, making your assessment late, and starting a domino effect that could cost you greatly in the future. To err is human but it takes a computer to really muck things up.

Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GlenL on 06/02/2014 3:48 PM
Shanika, in addition to the advice already posted, DO NOT assume the matter is taken care of until you receive written conformation. Typically unless they acknowledge that you paid on time, the late fees will remain and your next payment if your CC&R's and state law allow will be applied to the late fees and any attorney fees first, making your assessment late, and starting a domino effect that could cost you greatly in the future. To err is human but it takes a computer to really muck things up.

GlenL offers sound advice. Do not win the battle but lose the war. Get caught up even if they are wrong. Pay under protest and note such. Keep copies of everything. If need be, send everything registered mail.

Fight them, but give them no ammunition like unpaid anything.

Document and take the issue to the BOD. The management company works for the BOD.

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