Legal Question in Consumer Law in District of Columbia
Condo Fee Collection
My condo association took me to small claims court for non-payment. I appear in court on the date requested but the Association did not have their representative (lawyer) present and so the judge dismissed the case and told me to pay my fees and bring my account up to date as soon as possible. Well, I just sent a check off to the Association. Today I get a call from their lawyers saying that we have a new court date and that a ''continue'' was issued on the date of my previous court date and it must not have gotten there in time. I have not received any correspondence from them indicating that a ''continous'' was issued or that a new date has been scheduled. Anyway in addition to what I owe in condo fees they want to tack on their fees which brings the amount close to $5k. My question is, if the judge dimissed the case since they had no representative there on the initial court date, do I still have to pay for the Associations' attorney's? I'll pay the late condo fee. Thanks
1 Answer from Attorneys
Re: Condo Fee Collection
No, if a DC Superior Court judge dismissed the association's case in Small Claims Court for their failure to appear, you should not have to pay for their attorneys' fees unless there is some obscure provision in the association's by-laws that may justify their claim.
You would be well advised to contact the clerk's
office to determine precisely how the case was disposed of, i.e., was it actually dismissed or in fact continued. If the latter, then you will need to appear on the new hearing date and hopefully by that time you'll be able to show the court that you're all paid up on your condo fees.
However, if the former applies(meaning that the case was dismissed)you should ask the clerk to send you a copy of the dismissal order which you
could then present to the association representatives along with your notice of your refusal of their demand that you pay for their attorneys.
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