What should I bring to court regarding past due HOA fees?

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What should I bring to court regarding past due HOA fees?

Our HOA sent us to collections for amount owed. For the last 5 weeks I have been in contact with the law office to come to an agreement for the amount owed. The HOA has not replied to the law office and the court date is in 3 days. What should we bring to court to help our case, and will the fact that the HOA are failing to respond to our correspondence be to our advantage?

Asked on September 12, 2011 under Bankruptcy Law, Colorado

Answers:

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

Answered 10 years ago | Contributor

A judge always like to see that the parties in dispute are trying to negotiate a deal with regard to the matter and voluntarily enter in to a settlement on the issues involved.  Amicable dispute resolution is always preferred.  So the fact that they are not responding to your attempts to resolve the matter could work in your favor.  It really depends on if the negotiations are meaningful negotiations and not just an offer to make an offer.  Now, as for proof, you need to bring with you what you need to defend your self here.  Is this a dispute about fees they say you owner and you say you paid?  Then bring receipt for payments (cancelled checks, etc.).  If the dispute involves deductions for work that the HOA was responsible for and they did not do but you did instead and deducted from your fees, bring the receipts and proof that they should have fixed or corrected the condition or problem.  Good luck.


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