Is there a statute for how long a property management company can go back and charge you for HOA dues?

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Is there a statute for how long a property management company can go back and charge you for HOA dues?

In 01/10 the property management company sent me a bill for past due HOA dues for 2009. I spoke with them and gave them the check numbers for 12 full payments for 12 months of dues for 2009. They said that was all they needed it was there mistake. Then in 10/10 they send me a statement saying that after review of my account I owe 2 payments for 2008, 2 for 2009, and 2 for 2010. I sent them e-mails with check numbers for the months they are questioning but they say that they have those payments that quicken applies payments to oldest first. Now they have a attorney involved.

Asked on March 1, 2011 under Real Estate Law, Colorado

Answers:

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

Answered 10 years ago | Contributor

Your agreement to pay home owners association dues is part of your contract for the purchase of the property.  Although I agree that they have waited a very long time to catch up with you, I do not believe that they have blown any kind of statute to collect.  But dealings with HOA's can be very state specific and it may be best to have an attorney in your area read the agreement and help you out here.  But you also need to do a little due diligence yourself.  By that I mean you have to go back and find the checks for payments made in the years that you are disputing (2009 you have; go back to 2008 and see and 2010 should be relatively easy).  Let the attorney know that you have complied with all that they have asked thus far but you are disputing the other payments and you need time to get your documentation together.  Good luck.


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