HOA charging me for a legal notice??

[BadLuckOwner]

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

New Jersey


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Here's the situation. About 7 months ago, I had a house fire that was a result of some renovations being undertaken in my condo unit. Fire department, police, the whole shabang... showed up and it was a big spectacle. I had offered to pay for any damages to the common elements as well as any repairs to my neighbor's door that the FD had to jimmy open. This offer was made the following week of the fire.

About a month later, I received a letter from the HOA's lawyer DEMANDING I pay for any damages and expenses relating to the fire and notifying me of their position on the liability of this fire. This was the first notice I received and there were no prior notices of escalation from the HOA or the management company. My account with the HOA is in good standing.

Now, six months later, they tag on a "balance forward" on my maintenance fee and I come to find out that they are charging me for the lawyer fees for the review of any documents and drafting of this notification.

I know I am responsible for all costs, including lawyer fees, that is associated with the fire. That is clearly written in the by-laws. However, what happened to my right to notice? They cannot just jump the gun and send a lawyer to write a notification letter to me the first chance they get before informing me of their position on liability and the fees I am responsible for should the situation escalate. Aren't they violating my rights (civil, homeowner, human, I don't know ... something!!!) ?

What they should have done, is ask the managing agent to draft and send me this letter instead of the lawyer. The fact that they wanted to use the lawyer is not my problem. Am I wrong?

 

[FlyingRon]

You're wrong.
There's no reason why they should NOT obtain legal assistance from the get go.
While the "DEMAND" may sound like they're escalating, that's actually the proper first step. You don't get a nice touchy feely bill.

And now six months later you haven't paid the money you owe in a timely fashion and you're surprised there are more legal fees associated with collecting their money.

 

[BadLuckOwner]

You're wrong.
...

And now six months later you haven't paid the money you owe in a timely fashion and you're surprised there are more legal fees associated with collecting their money.

Maybe I didn't make myself clear.

They did not send any bills or requests for me to repair any common elements. This bill is for the initial retainer fee for the lawyer to review and send the notification letter. There has been no charges since. So tell me, IF I OWE MONEY, WHY HAVE THEY NOT NOTIFIED ME SO I HAVE TO OPTION TO PAY OR DISPUTE THE CHARGES IN A TIMELY MATTER?

 

[HomeGuru]

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

New Jersey


*************************************
Here's the situation. About 7 months ago, I had a house fire that was a result of some renovations being undertaken in my condo unit. Fire department, police, the whole shabang... showed up and it was a big spectacle. I had offered to pay for any damages to the common elements as well as any repairs to my neighbor's door that the FD had to jimmy open. This offer was made the following week of the fire.

About a month later, I received a letter from the HOA's lawyer DEMANDING I pay for any damages and expenses relating to the fire and notifying me of their position on the liability of this fire. This was the first notice I received and there were no prior notices of escalation from the HOA or the management company. My account with the HOA is in good standing.

Now, six months later, they tag on a "balance forward" on my maintenance fee and I come to find out that they are charging me for the lawyer fees for the review of any documents and drafting of this notification.

I know I am responsible for all costs, including lawyer fees, that is associated with the fire. That is clearly written in the by-laws. However, what happened to my right to notice? They cannot just jump the gun and send a lawyer to write a notification letter to me the first chance they get before informing me of their position on liability and the fees I am responsible for should the situation escalate. Aren't they violating my rights (civil, homeowner, human, I don't know ... something!!!) ?

What they should have done, is ask the managing agent to draft and send me this letter instead of the lawyer. The fact that they wanted to use the lawyer is not my problem. Am I wrong?

**A: ask for documentation to back up their right to do what they are doing.