How long does someone haveif they want tosend an invoice for a bill??

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How long does someone haveif they want tosend an invoice for a bill??

Over 5 years ago, my condo flooded and damaged 2 other condos as well. I paid for the repairs to the other condos. The HOA said I owed for the emergency cleanup they called out. I agreed and requested an invoice showing the amount. I never received a bill. Can they still bill me 5 years later? Related is that we have to pay for our windows so the HOA can replace the siding. I paid part of it 3 years ago. Requests for a current balance are being put off and I am wondering if they applied the monies to the flood damage. Can they do that if the check said it was for windows?

Asked on August 25, 2010 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I believe that the question that you are posing is is there a statute of limitations on the fees that you owe for the damage that was done due to the flooding in your condo.  If you consider the obligation contractual then it would be the statute of limitations to sue on a contract in your state.  Breach of an oral contract in California is 2 years; breach of a written contract is 4 years.  However, the law on HOA fees differs from state to state and can be peculiar to say the least.  As for what happened with the windows and the payment it does not pay to guess.  Make a request in writing for that information showing an applied amount for the deposit.  Can they still bill you?  Yes.  Do you have to pay?  Maybe not.  It appears that the statute may have run for fees going back that long.  Check with an attoreny in your state.


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