Legal Question in Real Estate Law in Maryland

Law office and property management company refuse to provide info.

I own a rental home in MD. The individual I had handling the bills for the home (not a tenant) neglected to pay the HOA dues for some time. This led to the current situation. Currently an attorneys office has the bill for collections. I have contacted both the Prop. Management company and the attorneys office stating that I wish to settle my debt on the condition that I am provided information that shows that the measures outlined in the HOA articles of inc. for the collection of past due HOA dues were followed. I have my doubts these measures were followed properly. To add to the mess I have proof in the form of a copy of a cancelled check that a large payment was made some months ago, niether office has been willing to admit to recieving this check or giving me credit for this payment. My question is two part. First, how do I get both offices to provide me with proof that procedures were properly followed. And secondly, how do I get them to give me credit for the check I have proof they recieved and deposited. I have contacted both offices by phone an certified mail niether of which has helped. By the way a civil suit has been filed against me by the attorneys office.


Asked on 3/16/98, 10:43 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

MD HOA dues dispute

You owe the HOA dues, regardless of the procedures that were or were not followed. Youmay have a defense to a claim for their legalfees, but that's about it. However, if they did not credit a payment, youare entitled to credit for it. If nothing else, show it to the judge and you will be given credit. You should retain counsel to defend or settle the lawsuit.

I practice in MD. Feel free to call or e-mailme if you have further questions.

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Answered on 3/19/98, 7:47 pm


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