Legal Question in Credit and Debt Law in Florida

homeowners maintenance fees
My homeowners associations keeps sending attorney letters that I owe past due fee's, but cannot advise the months where the past due fee's are owed. The letter's adv that my credit can be affected and I am also going to have to pay attorneys fees. I keep advising all my association fees are paid and if anything is owed I would need to know where to look for my proof. I responded 6 years ago to same attorney and the association could not advise there attorney of the months showing past due. I received on the 22nd of November 2006 another notice and faxed a letter to the same attorney on 27th of November 2006 with same request from 6 years ago and have not yet received a responce to my fax which I sent a 2nd time in december. Please advise what I would need to do to stop the harrasement and stress that they are placeing on me?. I do appreciate your advise, thank you

Asked on 1/01/07, 1:57 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: homeowners maintenance fees

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Until a Claim of Lien is filed, there is nothing that you can do that will guarantee that the Association stops sending you demand letters. If you object after the Claim is filed, then the Association must file suit within a set period of time or the Claim is null and void.

I would suggest that you have an attorney write a letter setting forth your demands for an accounting of all payments for the period in question. At the same time, you should go through your records and prepare a detailed list of all payments together with a copy of the cancelled check showing that the payments were received and negotiated.

Scott R. Jay, Esq.

Answered on 1/02/07, 6:15 pm

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