Legal Question in Landlord & Tenant Law in Florida
a couple years ago i got behind on my h.o.a. fee's & met w/ the h.o.a. rep's to workout a repayment plan. we agreed that i would pay $500.00 as downpayment & an extra $80.00 per month for 20 months and that would bring me current. the agreement was documented, signed by myself & 2 h.o.a. reps & NOTARIZED. i made every pmnt on time as per the arraingement. now months after the pmnt schedule is completed, the h.o.a. has come back & added $20.00 per mnth (to date plus "statement charges") in "late charges" to the tune of over $1,200.00. a few month's ago i received a threatning ltr from an attorney hired by the h.o.a. advising me i had to pay the late fees or he would put a lein on my property & begin forclosure preceedings. i responded by sending him a copy of the signed & notarized agreement w/ the h.o.a. & never heard back from him again. just last week i received a ltr from the h.o.a. advising they were going to forward my "account" to a collection agency & i would be subject to thier collection practices & libel for thier cost's. is this legal? do i owe the late fee's if they were never mentioned on the original notarized agreement that i followed to the letter? how will this affect my credit & how can i find out if they placed a lein on my property?
1 Answer from Attorneys
the reason you did not hear back from the attorney is because they have no case. You tell them that you have a signed contract with them and if they proceed with any charges against you that you will take them to court for breach of contract, misrepresentation and fraud.
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