anther HOA strikes again

[mountanddo]

It's probably your issue. Even though you setup auto-payment, you had some duty to take corrective action within a relatively fair number of weeks; let's just say 8 weeks for argument's sake. If you didn't notice that for two months, the payment wasn't being taken from your checking account -- after your monthly/weekly reconciliation -- then it becomes more your issue. Unfortunately, a failure to monitor your bank account rests solely with you.

I have to agree with this. Didn't you get any notice that you were late on your association fees before they sent it to collections? After five months you'd think someone would of notified you that the bill wasn't being paid especially after you've paid it faithfully for the previous six years. You probably could sue them and win. You'd have to decide whether or not it's worth the time and money to do that. It may cost just as much or more to sue them to get the money back and I'm not sure your attorney fees would be recoverable. It might just be less stressful to pay the collection agency and chalk this up to a lesson that you should check your bank accounts more often.

[justbroke]

mountanddo, yes they were finally made aware, but it was after the bill amassed to $1,500 or more. The problem is, that the HOA board agreed it could be paid and then the fees "negotiated". I think this is the part where going back to the board is the appropriate next step.

[mountanddo]

mountanddo, yes they were finally made aware, but it was after the bill amassed to $1,500 or more. The problem is, that the HOA board agreed it could be paid and then the fees "negotiated". I think this is the part where going back to the board is the appropriate next step.

Oh I totally agree. I just think sometimes we get stuck between what is "right" and what is "less stressful", especially since there was some responsibility on the part of the OP.

I work in HR and at one point an employee's medical payments weren't stopped when he cancelled is insurance and continued to be taken out for nine months. The employee wanted us to give him back the payments even though he continued to use the insurance. Right on the check stub it says to notified HR if there are any errors on the check. Yes, ultimately it was our fault that the insurance wasn't canceled. We probably would of given back the premium if the employee had brought it to our attention after the first check but after nine months you got to kinda figure he knew about it.

[jtindisguise]

The question was whether the debt collector can cash checks made payable to the property management company.

[ValleYum]

The question was whether the debt collector can cash checks made payable to the property management company.

How are the checks endorsed on the back when you get them back from the bank (or can view them online)?

Are they truly being deposited or run through one of those new-fangled scanner do-jobbies that deposits it without the paper check?

Depending on the answers to the above - it may be an issue worth addressing with your financial institution.

[jtindisguise]

That is what I was looking for.

I just ordered copies online from my bank so I could see who actually was cashing/depositing the checks. My attorney suggested I go the old fashioned route and hand write my checks. I had to look for a while to even find my checkbook. Once I find out who endorsed the check I will post again.

My attorney, both of them actually, said I have no obligation to reconcile my bank account. I have also tried several times, via email and telephone, to contact the property manager to discuss the fees. She refuses to communicate with me. I was advised to not speak to the debt collector. Period.

I will stick to the original plan and let them sue me. As mentioned, I will show the judge my phone records reflecting the call to placed on a bill-pay plan, the emails from the property management company acknowledging their error, and proof of immediate payment, in full, once I was made aware of the uncollected hoa dues. I'll take my chances in court.

[IamOld]

I'm sorry but I think HOA's are a bunch of ego-tripping fascist. Yes, I say that without apologies. Usually they're those who like to stick their noses where they don't belong. I could care less if my neighbor paints his house purple. I care about the fact that I'm paying almost $100/mo and for what...garbabe men are paid by them, a small pool, and that's it essentially.

So...guess what the geniuses did - they didn't file a claim for my spouse's 13 - good grief man, how hard is it to fill out that form? Des (THANK YOU AGAIN) tells me atty could have filled out a claim for them...that didn't happen. Anyway, so now I'm going to have to send them a bit extra...guess I should pay the arrears off before pool season :-)

If I had known now what some 15 years ago...no way.

[justbroke]

I was in Chapter 13 and I filed claims for 2 secured creditors myself. It happens! Actually my HOA, also, never filed a claim. There is absolutely nothing in the code which requires a secured creditor -- or any creditor -- to file a claim. Since my HOA didn't file a claim, but I included them in the plan, the plan was confirmed so that I could pay them "outside" the plan (not through the Trustee). (It wasn't the HOA that I filed claims for.)

HOAs are only as bad as the board that has been seated. It's the management companies that are generally bad.

[IamOld]

I was in Chapter 13 and I filed claims for 2 secured creditors myself. It happens! Actually my HOA, also, never filed a claim. There is absolutely nothing in the code which requires a secured creditor -- or any creditor -- to file a claim. Since my HOA didn't file a claim, but I included them in the plan, the plan was confirmed so that I could pay them "outside" the plan (not through the Trustee). (It wasn't the HOA that I filed claims for.)

HOAs are only as bad as the board that has been seated. It's the management companies that are generally bad.

Sadly, justbroke, here it's a combination of board and management co...for example with the previous management co we didn't can an annual statement/accounting for TEN years...

Well, they were provided for the ARREARS in the plan - and like and idiot I didn't mention to atty to file a claim...so we'll just pay off the arrears over the next 6 to 8 months and be done...it is "only" (in heavy quotes) "only" about $500...

[justbroke]

Well, they were provided for the ARREARS in the plan - and like and idiot I didn't mention to atty to file a claim...so we'll just pay off the arrears over the next 6 to 8 months and be done...it is "only" (in heavy quotes) "only" about $500...

If this is for pre-petition debt, they have no right to bill you. I'm thinking this is a Stay Violation... if this is for collection of pre-petition dues. If these arrears are in the plan, then they are in the plan and protected by the Stay.

Otherwise, you can just take the "only" (heavy quotes) $500 and divide it by your plan duration (36/60 months) and pay that, plus the "allowable" interest.

[IamOld]

If this is for pre-petition debt, they have no right to bill you. I'm thinking this is a Stay Violation... if this is for collection of pre-petition dues. If these arrears are in the plan, then they are in the plan and protected by the Stay.

Otherwise, you can just take the "only" (heavy quotes) $500 and divide it by your plan duration (36/60 months) and pay that, plus the "allowable" interest.

THANKS!!! Well they did send a bill like a month or two ago - stay violation...but we'll see what they do next - if they send another bill, see what atty wants to do.

justbroke, you just read my wife's mind! The plan provided $10/mo to them for the 60 months to pay off the arrears. That's what she wants to do - send them $10 extra per month :-)

[justbroke]

justbroke, you just read my wife's mind! The plan provided $10/mo to them for the 60 months to pay off the arrears. That's what she wants to do - send them $10 extra per month :-)

In my case, I did exactly that. My arrears were almost the same as yours and I ended up sending $12 extra a month, as a separate check with my BK number on it. Actually I put this in the MEMO... "LITIGATION BK XX-XXXXXX" (where the XXX stuff was my case number).

[IamOld]

In my case, I did exactly that. My arrears were almost the same as yours and I ended up sending $12 extra a month, as a separate check with my BK number on it. Actually I put this in the MEMO... "LITIGATION BK XX-XXXXXX" (where the XXX stuff was my case number).

THANKS!!!!!! I'll do EXACTLY the same - THANK YOU SO MUCH!!!!!!!!

[GoingDown]

It was interesting reading the extreme differences of opinion between those who like (or would like to) living in HOA's versus those who hate them and would rather live in a house without an HOA. I would say for the most part, those who like living in them have made the right choice to move into such a community, and those who did not read the fine print in the paperwork they signed to buy their house should do everything in their power to sell that house and buy one in a neighborhood which does not have an HOA.

I rent a house in a non-HOA neighborhood, and yes, some of the houses are painted "Mexican blue." If you lived around here, you'd know what I mean. Some are horrible shades of yellow and lime green. Do I care? Not in the least! It's cheap. It's a fairly safe neighborhood-- I can walk down the streets at night with no fear of anything happening to me. And it's within walking distance to the light rail. I can go out with my friends and get as drunk as I want and then just hop back on the light rail and go home, without having to worry about DUI. And most of the time it's quiet. When the fiestas roll around (May 5th, Sept. 16th, Nov. 1 to 2, etc.) rather than complaining about the noise, I go over and join in the fun.

[mountanddo]

You sound like an easy going person GoingDown. I like your attitude!