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Due to financial difficulties I fell behind on my condos maintenance/common fees. I currently owe for Nov-Feb payments. In late December I received a certified letter that my account was in arrears. The tone of the letter was very aggressive and threatening. This was their first and ONLY contact. In that first correspondence they mentioned lawyers, liens and fines. In mid January I finally negotiated a mortgage loan from a private lender. That lender was diligent enough to not only personal inspect my apartment but to personal interview our property managers. My lender concluded the interview by telling them he was in fact going to provide for me a mortgage. Any mortgage loan in this economy is going to have bumps and details that need worked out, not to mention a closing date. Without further notice our property managers got a lawyer and slapped on a $500 fee for that lawyer. My problem is the following: They are our property managers. They are paid to handle problems. This was an easily manageable problem yet they just threw up their hands and called a lawyer. Why was it easier for them to call a lawyer when they could have called me? They have my number. Why couldn't they have a board member tap at my door and tell me I need to contact them. They know where I live. All normal means of contact were ignored and instead replaced with harsh and very premature legal action. I'm not out to sue anyone. But I would like to be reimbursed for the legal fees. Do you think I have a case.
WOW! Steven what's with the hostility? Did you need to capitalize every other word while talking down too and lecturing me. If you'll notice hannah was able to convey your view without being a complete a$$hole. I feel sad for you as you spend your pathetic day berating people that had a simple question. A question invites an answer, not abuse. I'll pray tonight for anyone who lives under your roof. They are suffering.
No you don't have a case. Rules are rules, no matter what your excuse is.
Take them to small claims for what? For you not paying your condo fee for 4 months? Are you serious? " This was their first and ONLY contact" - Were you not aware you hadn't paid? Of course you were. They were nice enough to give you 4 months to pay. Whne you didn't, they sent a threatening letter. THAT'S HOW IT WORKS. " Why was it easier for them to call a lawyer when they could have called me? " - Did you ever call THEM and explain the situation? Did you tell them why you couldn't pay and ask for some leniency and time to pay? You know THEIR number. You can find out where their office is. YOU are the one in the wrong by not paying, not them. They don't have to do extra work to get you to pay. "All normal means of contact were ignored" - They were. BY YOU. Stop blaming YOUR inability to pay and arrears on anyone else. You know what solves this problem and keeps the legal actions and threatening letters at bay? PAYING THE MONEY YOU OWE Kaneohe A TIMELY MANNER.
The problem is YOU have absolutely NO CLUE about the NATURE of the condominium form of property ownership. The property managers are NOT paid to handle your problems. They are paid to COLLECT fees and handle physical maintenance of the common areas. Even WITHOUT communication, you KNEW the fees were due and that you had NOT paid them. You are LUCKY they only fined you $500. If I were 4 months behind on my condo fees, I would have received a FORECLOSURE notice. Direct answer: NO, you can't take them to small claims court. You can file a suit in small claims court, but the case WILL be moved out of small claims by the counter-suit, which you WILL lose.
You want to sue them because you owe money? YOU have to have damages for a lawsuit, not your victim. Reading your comments to Steven shows that you are not only exceptionally greedy but very abusive to others as well. You should seek some help with that. There is not much we can do for you, this is a health problem you suffer from.
By using fact they're the valuables managers it quite is clever that exams could be written out to them. they're additionally those that deliver funds for expenditures of the residence. So even although the exams are being written to them right now, the money could be accounted for on their books as being element of your residence community. As property owners you all could have the splendid to be certain the accounting books being stored on your condos. they're additionally getting paid to administration all the maintenance, paper artwork, etc. with reference on your community. So in the adventure that your community is disillusioned with the artwork they do for then you you certainly could have the skill to fire them and employ a various administration organization. i could discover out in the event that they have a settlement with you and if so whilst it expires. Then get all people on your community mutually to vote them out and employ somebody else.
They have a right to charge you a fine of $500 for not paying your condo fees. That is probably in your condo owner bylaws.
What??? You got a certified letter. What more did you expect?? It would of been very "easily manageable" for you to just pay what you owed.