Legal Question in Real Estate Law in Florida
Past Due Community Association Fee
Annual Community Association Fee Due Date was December 31, 2002. End of February of this year we have received noice from the Association that we have to pay the due amount within 30days of the notice. We mailed a check amounted $85 March 31. It seemed they received our check around April 6 or so. In the meantime we have never received any warning letter from attorney's office.
April 24, we received a letter from an attorney's office demanding to pay $325.97 ($3.67Interest, $120Lien Fees, $140Attorney's Fees, $50Title Charges, $17.30Recording & Releasing of Lien). We were wrong that we did not pay the association's annual fee on time, however, do we have to pay $325.97? The attorney's letter states ''Kindly refer to our April 3, 2003 correspondence regarding your rights and obligations in relation to this debt.'' We did not receive this ''correspondence'' they claim. Maybe the mail misplaced.
If we received a letter around mid-March stating the warning of penalty, we would have mailed the payment promptly. Why waste $325? April 24 letter says we must pay $325.97 by May 3rd. Can we avoid this payment legally?
What should we do? Or, at least, is there a chance to negotiate for reduced payment? Please respond quickly.
2 Answers from Attorneys
Re: Past Due Community Association Fee
YOU SHOULD ALWAYS TRY TO NEGOTIATE. If you are not successful, then pay. The fight will cost you more and chances are you will lose.
Re: Past Due Community Association Fee
I would try to negotiate claiming their acceptance of the late check waived any claim they had. This would be especially true of it so stated on your check. If push comes to shove pay it since it will end up costing more to fight it.
Good luck.
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