[xmhxmh]

I bought a rental house in a community nearby and paid homeowner association dues and obey the rules ever since.
Last fall the management company changed hand. Somehow the old company failed to deliver my real mailing address to the new company. It resulted in that I didn't receive any of the HOA bill statement nor the warning of late notice till this October. According to the new company, they sent those mails to my rental address, where my tenant failed to forward to me, or didn't get delivered, I don't know.
Then I got this $1000 bill including late fee and a lien on my house all of sudden, said they finally got the right address from the former company in July.
I argue with them that I should not be required to pay all these late fees and extras because somebody else didn't do their job, i.e. deliver the bill statement correctly. Today I got another notice that I need to pay this $1000 by end of month or more late fee will be due.
I want to know what options I have. I don't mind pay the due, but it seems not fair that I will be responsible entirely for other people's mistake.

Is it possible to take them or the management company or the former management company to the small claims court, is it complicated, worth doing?

Thanks for advice.

Jane

[froggy7]

Did you pay the dues for those months? If you sent them to the old management company and they never told you that the address changed, it might be worth going to court over. If, on the other hand, you just haven't paid the dues for the last several months because you didn't get the bills... I think that you are going to wind up paying even more if you go to court, because you are technically in the wrong and will probably wind up paying the other side's court costs.

[s_cianci]

I'd pay what you actually owe minus the late fees. Give them notice in writing that you expect the late fees to be waived since they came about as a result of clerical error on their part. If they continue to insist regardless, then go to small claims court and ask the judge to order that the late fees be waived.

[JudyKayTee]

I'd pay what you actually owe minus the late fees. Give them notice in writing that you expect the late fees to be waived since they came about as a result of clerical error on their part. If they continue to insist regardless, then go to small claims court and ask the judge to order that the late fees be waived.

I would be prepared for the Judge to decide that you knew there were monthly fees and should have realized you were not getting billed - I believe you have some responsibility here.