have been overpaying common bills, want my money back, can I go to Small Claims?

[Claims_issue]

I just need to understand if this case is solid and easy to win. Can you advise?

The condo trust has only 2 units, no condo fee, all common bills are split 50/50. Now, unit 2 wants to institute a condo fee and sent formal letter stating that the split is 60/40. So I had to pay 40% of all bills but paid 50% because unit 2 demanded this and I complied. The Bylaws do say 60/40 split that unit 2 knew about, yet paid 50%. Over time I was defrauded for over $1500. Can I take unit 2 to Small Claims?

Evidence that I have: letter from the unit 2 stating 60/40 split and bylaws as well. Yet, unit 2 paid all bills at 50% first and made me pay the rest. Also, I have hand written notes on bills saying, I paid 50, you need to pay 50. I have all common bills.

Is that enough to show deceitful and unfair activity and start small claims process?

Thanks!!What is the name of your state (only U.S. law)?

 

[John_DFW]

You can, but I think you have a weak case.

What is the basis for the 60/40 split, square footage differences of the units or something else?

The new offer of a condo fee by unit 2 is really unrelated to past agreements, and unless it specifically mentions the other bills, the 50/50 split would be unchanged. Is the condo fee to build a reserve to pay shared expenses including these utilities, or other maintenence?

What is the voting going to be, 60/40? If so, reject that offer.

 

[Claims_issue]

she knew, I didn't but should have, how can I get the money back?

The 60/40 split is correct and is documented in bylaws (as I discovered too late). My share is 40% but I was paying 50% because the other Trustee demanded it. All bills come to her name, she pays 50% and passes bills to me with a note to pay the remainder.

I should have been less trusting and more careful but if I did not realize the 60/40 responsibility and she knew about it yet made me pay her share. How can I get my money back?

Thanks!

 

[John_DFW]

In that case, file in small claims court. I change my opinion of weak case based on that information.

If you want, you can try to resolve this outside of court first. Send certified mail with the bylaws, and totals from the bills requesting a refund.

If that fails, file in small claims court.

 

[Claims_issue]

Can I win without a lawyer if she has one?

Thank you. She has an attorney and money to burn, I dont. Can I win this based on the evidence below without a lawyer? My evidence:

• Her signed letter, stating the 60/40 split (she said it first! then I realized that I have been overpaying)
• Condo bylaws that confirm the 60/40 split (I wish, I studied it better, earlier)
• Very first master insurance bill that we shared when she hand wrote "I paid XX, you pay XX". She instituted the 50/50 and kept with it
• All water bills (show 2 separate payments) and insurance bills for the last 6 years

I want to resolve this through mediation but she doesn't. I'm afraid that when she brings an attorney and if I don't win the claim, I would have to pay her attorney's fees. Is that correct?

 

[John_DFW]

You didn't name your state, but in Texas where I am, she would have to represent herself. That does not mean she can't seek legal advice beforehand.

 

[Claims_issue]

I'm in Massachusetts. I know that I don't need a lawyer in Small Court Claims but she is using one already. The letter where she's instituting a new condo fee and a bank account is CCed to the Esquire.

I understand that if the plaintiff wins, the defendant pays court and legal fees but if the plaintiff does not win, can the defendant make him pay defebdant's legal fees?