Legal Question in Real Estate Law in California

I fell behind in my condo Homeowner's Association Dues, as a result, the board of directors gave my account to a legal service, which set up a repayment plan for me. That's fine except I challenged all the "fees" that they are tacking on to what I owe, which among other fees includes a $350 "bankruptcy research fee." I sent a letter asking to mediate the fees but they have not responded to my request. My first repayment is due on April 4th. They want me to sign a repayment letter which states that I acknowledge and agree to the plan and the fees. Do you have any suggestions as to what I should do? I appreciate your help.


Asked on 3/30/10, 2:47 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It sounds to me that you have been given "an offer you can refuse" to misquote the famous movie line. There are three things you can do: (1) Reject the offer and instead pay what you owe, including interest and penalties, under the regular dues-payment contract to which you are already a party. (2) Accept the offer as made - I wonder why they made the first payment due on Easter Sunday. (3) Try to negotiate a better offer (which is what you seem to be trying to do, without results).

The HOA is not obligated to negotiate with you or make any proposal at all. You are likewise not obligated to accept their offer. You are, however, obligated to pay your dues. Whether you adopt method 1, 2 or 3 should be based on which you are able to handle, then if you can do it in more than one way, choose the one with the milder impact and risk.

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Answered on 4/04/10, 4:06 pm


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