If an HOA is trying to collect over $7K in fees that are not accurate, we must pay?

UPDATED: Feb 11, 2011

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If an HOA is trying to collect over $7K in fees that are not accurate, we must pay?

I was sent a letter from an attorney, on behalf of my HOA. They are stating that I owe them over $7K in fees and assessments. The attorney informed me that I must contact him to make payment arrangements. The issue is, the fees are not accurate and I have had an issue with the HOA not fixing my leaking roof for months causes over $3300.00 worth of damage. The lawyer does not want to hear it or work with me on adjusting the fees. What do I do? I can’t afford $7K.

Asked on February 11, 2011 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you can't--or won't, because you feel they are wrong or unwarranted--pay the fees, you have two options, which are not mutually exclusive:

1) You can try to settle for  something that is mutually acceptable, affordable, and fair. Providing evidence to support your position (e.g. about offsetting damages) helps.

2) You can refuse to pay, forcing the other side to sue you if they want the money. In that case, at trial you could present evidence to either refute the claim entirely or reduce what you owe--or even to interpose you own counterclaim. Having a lawyer would be advantageous, though you are allowed to  represent yourself.

You can try to settle; if that doesn't work, let them sue you; then depending on how matters go, you and they may later work out a settlement before the actual trial.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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