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Please help? I was sued for defaulting on my HOA fees.

Baltimore, MD |

I am being sued by my HOA for failure to pay HOA dues. Since I've had the property, the HOA dues had been coming automatically out of my account through my online bill pay. Unbeknownst to me, my HOA changed management which means the address changed. I moved away from the property 3 years ago and was not notified that management had changed. Today I got a letter stating that I was in default of my dues. When I went online I noticed that the last 6 payments on my bill pay were listed as processing. I called my bank and they notified me that payments are listed as processing when they are delivered to the wrong address. I had no notice of the change in management nor did I have notice that the HOA was not receiving my payments. If I did, I would have taken care of the matter before it

Attorney Answers 2

  1. Did you call the HOA / their lawyer and tell them this? The probably would not have wanted to sue you had they known it was that sort of mixup.

    This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.

  2. First you should contact your HOA. You have documented proof that you were attempting to pay the dues. It is strange that they did not try to get in touch with you after the first "missed" payment; however, if you speak with them it is likely that they will allow you to make the past six payments and then set up your account to go to the correct address. I doubt they want to be involved in litigation when the solution is very simple and you are willing to pay.

    The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation

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