Legal Question in Real Estate Law in California
Homeowners Association suit
My HOA claims I haven't paid fees in six months. I have records that show I have, my bank statements. the HOA is using a collection agency to get the fees I have already paid. In addition, they're charging me for the collection services. What can I do? Should I sue?
2 Answers from Attorneys
Re: Homeowners Association suit
If you paid by checks, get copies of both sides of the checks and present them to the management company. If by electronic payment online, have the bank trace each payment. If those payments weren't made for some reason, the bank should pick up the charges.
Re: Homeowners Association suit
Suit should be the absolute last resort. There has to be someone to whom you can present your evidence of payment and obtain an acknowledgment that you've paid. This is a misunderstanding of some kind and should be worked out by the parties without resort to the courts, where you'll basically have to do the same things you'd do in a private negotiation, but at greater cost and delay.