Legal Question in Real Estate Law in Florida
I have been attempting to resolve an issue with my HOA on charges from their attorney. The law firm sent me a letter stating that they had been asked to obtain my HOA fees 2009. I called them and told them the fees had been paid. They sent a letter back a month later stating that they had not been paid. I asked what were the fees and stated that the HOA had sent me a blank book, which I sent to them. I later recieved a bill from my HOA with the correct coupons and I paid my fees. Their attorney is now presueing me for their fees of 2700.00. What can I do?
1 Answer from Attorneys
If you didn't pay your fees, you owe them. If the HOA had to hire an attorney to collect them, and the HOA documents state that you are liable for the attorney's fees in the event that you fail to pay the dues, and an attorney is hired to collect, then you are liable for the attorney's fees as well.
If you received a "blank book" and so thought it would be clever to "not pay", then you are liable. If they sent you a payment book with the wrong amount, but it was close enough to seem reasonable, and you paid the wrong amount, then you are liable for the correct amount, but probably not the attorney's fees.
It sounds like you didn't pay anything...because they sent you a "blank book". You knew or should have known that you owed dues. Now the attorney is going after you for his fees. Since $2700 seems excessive for sending a letter, and getting the correct book sent, you may be able to fight the excessive attorney fees. You will need an attorney of your own to do this.
Moral of the Story? Pay the HOA fees when they come due, if the association makes a mistake, notify them in writing, avoid getting into a dispute with lawyers when your HOA documents make you liable for their fees.
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