Legal Fees

Started by RosaC1 • 14 replies • 1345 views

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RosaC1 (Illinois)
Posts: 4

Posted:

I owe $400.00 in assesment that I fell behind but every month I have been sending $50.00 to make it up surely since my assement went up $25.00 dollars a month. I later received a copy from the lawyers stating that I had thirty day to pay unless I made payment arrangement. Well I did with email to my proberty specialist she stated that if I make payment arrangement that she will waive the legal fees. Now that I have agreed to payment plans she claims that she will not waive the leagal fees and that she made a mistake well this makes a huge differnce in what I owe can she do that agree to remove the leagal fees in emails and than say she made a mistake I am confused.

SusanW1 (Michigan)
Posts: 5,202

Posted:

What are the legal fees for?
Did they take you to court?
Why was a lawyer involved?

RosaC1 (Illinois)
Posts: 4

Posted:

Legal fee are for them sending me to collections only. No I did not get sent to court.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Rosa,
Unless you have it in writting, I would not count on any agreement between you and the Property manager. She made a big error in saying anything to you without verification from the Board or the Attorney, if he was already involved. You better start from square one and get this resolved fast because you could mount up more fees that you cannot afford.

RosaC1 (Illinois)
Posts: 4

Posted:

I do have it in writting well email she did email me stating legal fees waived and also the total owed when she removed the legal fees. Does this count as proof that she said it.

BrianB (California)
Posts: 2,820

Posted:

it kind of counts as proof. I wouldn't bet my farm on it, but it sure looks good in your corner.

one slight problem is that anyone with some small computer skills can prepare a fake email (printed copy) that says anything. Granted, you can almost do the same thing with a letter too.. I am not sure how much faith a court puts into a printed email, versus a printed letter.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

I think Rosa has a case, and I feel the association is acting in bad faith not to accept the offer that was proposed to Rosa.
Lots of time we don't get the full story and maybe that is the case here.
But from the information as given I am at a lost as to why the Board would not be happy to waive the penalty charges. They have to be responsible and that includes standing by their word, even if it was a mistaken decision.
The question may be, is it worth it to put the association into jeporady for such a minor and debatable issue? This kind of thing can blow up in your face and cost a lot of money on top of that.

So at this point, lets all answer the question: "From what we know, even if you agree with the Board, is it worth the risk of pushing it."

SusanW1 (Michigan)
Posts: 5,202

Posted:

Did the "property specialist" have authorization to adjust bills? I doubt it.

You are most likely going to have to pay YOUR collection agency bill.

This is a third party that got brought into the issue because you were VERY late in paying your bill. If you had made arrangements before this, maybe you could have avoided all fees. But this one is from an outside agency and has to be paid by someone - and it's you.

NancyD1 (Florida)
Posts: 447

Posted:

Rosa,
If the Property Manager can speak for the BOD and she e-mailed you that the legal fees were waived, then the e-mail is enough proof. But, can the PM speak on behalf of the Board in financial matters. Most contracts between management companys and the HOA specifically state that the PM cannot speak for the board in these matters. Check the contract between the HOA and the management company.

It may come down to a judgement call for the board.

RosaC1 (Illinois)
Posts: 4

Posted:

I Thank all of you guys who gave me advice. I will talk to the collection office lawyers and tell them my case and fax them a copy of the email that she wrote. And I agree she should of checked with the board before writing anything back.

NL (Virginia)
Posts: 43

Posted:

What do the HOA Documents say regarding late fees and cost associated with collecting them ..... I would say this is the governing instrument... not what some management agent said.....good luck on this one.

MaryN (Virginia)
Posts: 125

Posted:

Jake,

i checked out your association web site. They fall under the Property Owners of VA Act..POAVA. Under that law the prevailing party in a law suit will have their legal fees reimbursed...resonable fees...the problem will be finding an attorney who specializes in HOA's....they are few and far between. Not many attorney's want to deal with property owners and HOA's. Good luck! I couldn't bring up the minutes from your last meeting. We had a board much like the one you are dealing with...it's awful!

MaryN

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Jake,
Good morning, let me start by saying I got a feeling your issues will create a long discourse. Start out by posting your problems on a new thread (subject) Not productive to high-jack another thread.

I, for one will be glad to answer some of your questions, and you have a bundle.

Thank you.

BrianB (California)
Posts: 2,820

Posted:

rosa: one thing that could be a deciding factor in this situation is whether the person who told you "no legal fees" is an "agent of the company". That's a legal term that attaches to people in ANY business situation who are given authority (either direct or implied) to make decisions for the business.

If this person was "an agent for the company", then her word is binding as a contract/agreement. with the right luck, your judge must find that they entered into a contract and the business is liable for the words of their employee. However, if this person is NOT an agent of the company, then the business is NOT liable for the oral contract/written agreement made by that person.

Things that help establish "agent of the company": Being Salaried (not hourly). Being a Supervisor, overseeing people or people's daily tasks/work. Being in a position of authority or responsibility which routinely has you speak on policy or procedural issues for the company. Being in a "management" position within the company.

Note: you are dealing with TWO businesses here: the HOA and the property Management company. This person is NOT an agent of the company for the HOA, but it could be argued that she was hired to be, by dint of her job position and implied authority. She could be an agent of the company for her Management Company and NOT for the HOA, in which case the MC might actually (legally) owe the client (the HOA) the legal fees their AOC forgave.

good luck

SusanW1 (Michigan)
Posts: 5,202

Posted:

Why are you talking with the lawyer collection agency? They were HIRED by the Board to get their money (probably 30 cents on the dollar) There is no way that this company is going to waive their fee.

Talk to YOUR Board and plead your case to them. They will direct whomever down the line.

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