Dealing with HOAs can be trickly, particularly when it comes to late fees on HOA payments. If I understand your facts correctly, you pay your HOA fees quarterly and you discovered you accidentally missed two payments so you sent a ‘catch-up’ payment via check on October 4, 2012 that was cashed October 10, 2012. Nevertheless, you received a phone call and follow up demand letter a few weeks later (likely from an attorney) stating much higher amount than you expected to owe. You sent a dispute letter on November 29, 2012 and all you’ve gotten since are more demand letters (likely with higher and higher demands). Well, here’s likely what happened, even though you paid the past due, at that point, you likely had late penalties and legal fees added in. Now, you’re ‘catch-up’ payment should have been credited (especially since it was cashed); however, they may go after you for late fees and legal fees. Of course, I haven’t seen the demands so I can’t say for sure, but they may have also credited your ‘catch-up’ payment forward meaning they are still lumping the past due debt as still owed in full. I would very highly advise sitting down with an attorney to discuss the details and work on getting this sorted out. The last thing you want is an HOA foreclosure. An attorney will be able to sort out whether the additional charges are proper and what options you may have to deal with them.
Answered on Oct 23rd, 2013 at 10:36 AM