Legal Question in Real Estate Law in California
Management Company - Extortion or Fraud in Billing Practices w/Homeowner
This management company is billing me for amounts that are not itemized and carrying ''balance forward'' years later and never billing me before. A ''balance forward'' indicates they've billed me before, but they never have. That can't be legal that they bill for any amount at the end of the year (12/31/01) for any amount they want. Also, they do not check their PO box everyday. They especially do not check their PO box on the 15th, instead on the 16th, so if payment arrives on the 15th, they bill the homeowner a late fee of $20.00 every time. This is also not legal. They send installment payment books to all homeowners on 3 options to pay the special assessment-- and then send me a bill for $200 for the total assessment, completely disregarding my right to chose an option. This is also not legal. What can I do? I believe this is extortion or fraud - and they are illegally trying to bilk me for money. It's impossible to resolve by phone because they elder lady who owns the company argues and refuses to give evidence of her bills as has been my previous experience with her. She also charges exorbitant fees for ''administrative charges'' whatever those are.
2 Answers from Attorneys
Re: Management Company - Extortion or Fraud in Billing Practices w/Homeowner
The contract you have must lay out the terms. Please fax me to 714 363 0229, all correspodnece you claim is fraudulent or excessive billing and I will call you and provide you with free consultation.
Re: Management Company - Extortion or Fraud in Billing Practices w/Homeowner
One possibility is to pay the charges under protest, then file suit to recover. This would force the other party to appear and defend, including showing a court the evidence upon which their claim was founded. There is some risk and cost involved, of course. An alternative is to simply not pay, but this could affect your credit, especially if the other party turns out to be right. The middle ground (negotiation) is always preferable, but apparently you have exhausted this possibility without success.
Without more facts, including the dollar amount in question, this cannot be more than a general answer, and you should seek local legal advice if the amount is large or if your interest in real estate is potentially affected.
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