Legal Question in Civil Litigation in Texas

Interest and Fees
We paid our homeowners dues based on the amount listed under our account on their website. We received a bill the following month. Their phones were down so we relied on email and were told our balance was zero and to disreguard the bill. We received another bill and again emails state zero from the prop. Mgr This goes on for 4 months when we realize that we have 2 accounts which we were never aware that there was 2. We only have 1 address and they are claiming the additional amount billed is for the second address. We said ok and asked the interest and collection fees be waived due to the misinformation. They denied and we had to attend a board meeting. in the meantime I contacted the BBB and in their answer I saw the interoffice emails calling us liars and other other untrue not nice things about us. We sent in a check for the principal amount with ''paid in full for lot 2'' written on it which they deposited. I feel as though we had an unfair chance to plea our case based on the emails sent to the board before we were heard. The property mgr made us out to be deadbeats when I had the proof she was the one telling me I owed nothing. How am I the consumer to know their system is set up with us having 2 accounts? can we sue and win?

Asked on 6/09/08, 5:05 pm

2 Answers from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

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Re: Interest and Fees

Based on what you have written, it appears that you might have a cause of action against the HOA and/or the management company regarding unfair dealings. First, you need to read and become extremely familiar with the HOA's By-Laws and Deed Restrictions. As these documents will set forth how the HOA is to operate and what procedures are available to the HOA's members. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]).

Answered on 6/10/08, 10:01 am

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