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    jenn805's Avatar
    jenn805 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Dec 9, 2011, 10:34 AM
    I over paid my association fees for 10 years.
    I just realized it and contacted the board. I was told they oud pay me for 4 years but that statute of limations was up on the first 6 years. Is this true?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Dec 9, 2011, 10:54 AM
    Hello j:

    I don't know where you're at, and what transpired to cause you to overpay... But, it's NOT as simple as just picking a date... Given that they're the ones who ACCEPTED your over payment, I wouldn't believe a WORD they say about your rights to get it back.

    In fact, I'd USE those words in my letter to the board (sent certified, return receipt requested), wherein you DEMAND your money back or you will file suit. Give them 10 days to put a check in your hand. If it's not there, SUE them. I don't know HOW much we're talking about here, but small claims court is quick, cheap and easy.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Dec 9, 2011, 11:48 AM
    Where do you live and please give more details how you over paid and was this receipted?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #4

    Dec 9, 2011, 01:57 PM
    SOL is the time frame you can sue someone, it does not mean they do not owe it to you. Also this is a on going debt and payment, not a single event.

    I would have an attorney present them with the total amount shown over paid, and show it being adjusted over the next or next two bills.

    Just going over the SOL for law suit, does not mean they don't still owe it, merely means you can't sue for the money.
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