Can I be charged late fees if a statement was never sent to me?

Asked over 1 year ago - San Antonio, TX

I was in collections for my HOA dues. I paid the balance in June 2012. In October 2012 they called and said I had a returned check prior to my payoff and I still owed $53. I sent the payment and never heard anything again. I received a final notice letter letter April 9, 2013 informing me of a balance of $405, which includes the 2013 annual dues and the returned check fee along with late charges every month since January because of said dues. I had not received communication from them since October and I have in writing that their office has not attempted to contact me either verbally or written since then. Is it legal for them to expect me to pay late fees on annual dues that they never sent a statement for? I had been with the law office since 2010 and was not aware how the dues were billed, yet they say I just should have known. I am offering to pay them the balance that was owed on January 1, 2013 which includes the returned check fees, I feel like this is fair. Help, any advice would be great.

Attorney answers (1)

  1. Michael Wayne Weston

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I've been in court and I've fought HOA's before. My advice it not fight them over this based on my general experience. I know it's frustrating but if you fight them, they will likely run up thousands of dollars in attorneys fees and it will be up to the judge to decide who wins or loses. If you don't pay they will shift the fees to your property and eventually try to foreclose on your property. I really can't say anything positive about fighting an HOA. The law is written in their favor and it's absolutely not worth it, especially when your home is on the line if you lose. Just get everything in writing and send everything certified mail.

    My comments are not legal advice and are for informational purposes only.

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