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MarkB3 (Florida)
Posts: 4
Posted:
My HOA dues are every quarter according to the statements bills that I get from the management company (Sentry). The last couple quarters I paid approximately in the middle of the quarter. In December of 2007 a couple weeks after I paid (check cleared bank already) I got a letter from the attorney indicating that I owed for the same quarter and $87.15 for his legal fees. I reply back to him 2 days later in December of 2007 with attach copies of the check indicating that I paid for the quarter including late fees and that I owed him nothing! No response from him.
In this years quarter I paid again in the middle of the quarter and notice that the check didn't cleared the bank after a couple of weeks. Called Sentry management and ask if they got my check. The person indicates that they got my check and that my file was blocked and my check was send over to the HOA attorney. After a length discussion with the attorney trying to figure out why my file was blocked it was mainly that he he was still chasing down his fees from the last quarter but I paid before he send out any letter and the quarter was up as yet, I don't understand how can something like that happens. He also included his fees again for this quarter wrote VOID on my check for this years quarter and returned it to me requesting a cashiers check be made out to him with this quarter's HOA fees + lawyer's fees with last quarters attorney's fees as well. As far as I am concerns my billings statements never pass over so why am I force to paid attorney's fees???
Is the above legal and or civil?
Can a BOD member be the association lawyer as well?
Does anyone know if the above is possible in the State of Florida?
Can legal actions be taken upon this lawyer?
can legal actions be taken upon the HOA?
Can any of the above be sued?
Can this lawyer be removed from being the association lawyer?
can this lawyer be removed from the HOA board?
BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By MarkB3 on 03/23/2008 12:20 PM

Is the above legal and or civil?
Can a BOD member be the association lawyer as well?
Does anyone know if the above is possible in the State of Florida?
Can legal actions be taken upon this lawyer?
can legal actions be taken upon the HOA?
Can any of the above be sued?
Can this lawyer be removed from being the association lawyer?
can this lawyer be removed from the HOA board?

Yes, legal, but not necessarily true or winnable. Civil? not very.
Seems possible.
Yes, legal actions can be taken by anyone at anytime to anyone for any reason. you may or may not win, however
Not likely
Yes, anyone can sue anyone else in the USA for any reason.
Yes, but not likely
Yes, at your elections, or by a legal recall.

HaroldS (Arizona)
Posts: 906
Posted:
http://f1.grp.yahoofs.com/v1/wLbmR6nZjkCFFxQDi2sE_uKumapOlDV16bZbz9ESIyDpaD1DzlEh5m1u68MriHd-OSGEqRrPd6LoW0sYt4J9o9LylnwJfflKqg/STACY%20MOBBS%20COURT%20MINUTE%20ENTRY.pdf

Above is an Arizona Superior Court case where the judge severely censored the attorney for doing somewhat what yours is trying to do. If I remember this case correctly, the woman agreed (stipulated) that she owed a past due amount and even wanted to pay a sum quite a bit more than she owed just to get rid of him. But the attorney refused her payment, demanding more and more money, without documentation for those fees. Be sure to read his demand letter at the very bottom of the case telling her that all correspondence must go thru him. This woman wiped this attorney good, and she did it representing herself. Well, actually she had lots of help - from his arrogance!
Be aware, if he is acting as a debt collector, he is subject to Federal Debt Collection laws.
Your board is ultimately responsible for your attorney's behavior. They have either given him the authority to do this, or he has taken it upon himself. The board should be reviewing each delinquency and deciding if and when it should be submitted to someone for collection, but after due process notices. Sounds like your only notices have been from this attorney - not from the board. This guy needs to be reigned in.
GlenL (Ohio)
Posts: 5,491
Posted:
Mark, while I am sympathetic to the situation you find yourself if, I hope you realize the whole thing could have been avoided if you had simply paid the fees on time. That said I would write a letter to the BOD requesting a copy of the Association's debt collection policy, specifically where the attorney is allowed to void checks in a move to collect fees not owed. I would also file a complaint with the Florida Bar Association about what the attorney has done.

Studies show that 5 out of 4 people have problems with fractions
MarkB3 (Florida)
Posts: 4
Posted:
Thanks GlenL, I will get a copy of the association debt collection policy. I lived in this gated community for approximately 4 years. Never had any problems until this attorney became the vice president of the BOD recently.
Can a BOD make money off the HOA? (Self special interest)
Thanks! for your great input!
MarkB3 (Florida)
Posts: 4
Posted:
Hi HaroldS,

I never got any letter from the board indicating that I must make a payment.
The only letter/bill I got was from the management company (sentry management) indicating late fee charges of which I had included with the payment that I had send in before the next quarter begins.
He is acting as a debt collector as stated at the bottom of the letter.
Base on what you are saying above:
Board should have implemented due process notices before sending someone over to collection. I have been living here for 4 years and never had any problems until this attorney became the vice president for the board. If he changed the ByLaws that after x numbers of days your account is automatically turn over to attorney/collection without due process: is that legal?
Thanks!
DanaA (Florida)
Posts: 117
Posted:
He can't change the bylaws by himself, even if he is a lawyer. Any bylaw change would have to be done by an amendment to your existing bylaws, and passed by a majority vote of the membership (of your quorum), after all members were duly noticed of pending change. Was this done? As for collection procedures for HOA, go to Statute 720, and read secteion 720.3085, which is the section on payment for assessments. A bunch of new stuff was added to this section July 2007. Find statutes at www.flsenate.gov/statutes and type in 720 to read. And then read your recorded documents, and collection procedures as mentioned before. It seems like a conflict of interest to me if this attorney/board member benefits in his personal income from board decisions regarding collection of association dues. Just my opinion.
MarkB3 (Florida)
Posts: 4
Posted:
Hi DanaA,

The only thing that was recorded at the clerk's office is for termination to certain community access. Nothing for due process charges by an attorney. According to what I basically read in the statutes link that you send me is that attorney's fees are only due at the time of liens, foreclosure etc not a reminder that your bill is due and what makes it worst is that I paid it before he even send out any notices.
Do you know how can I proceed to get back at this lawyer?
Thanks!

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