Attorney Fees in Arizona HOA Dues Collection
Category: Reference, Education and News > Consumer Information
Asked by: condo33456-ga
List Price: $10.00
06 Jun 2004 16:56 PDT
Expires: 06 Jul 2004 16:56 PDT
Question ID: 357330
I have a rented condo which is part of a HOA. HOA raised it's dues but I was not getting their letters because they were sending them to the wrong address. On the day I found out I owed extra dues I paid them in full. Can the HOA collect attorneys fees spent in starting the collection process.
Re: Attorney Fees in Arizona HOA Dues Collection
Answered By: serenata-ga on 08 Jun 2004 08:55 PDT
Hello again, Condo33456 ~ As a rule, Homeowners Agreements provide that if you're found in default and the Association has to hire counsel to collect, you're responsible for the payment of attorney fees. You can argue that the attorney quoted the figure you paid as "full payment", but that issue is really more a case of "he said/she said". In addition to the above, there is probably a provision in your HOA that says you are responsibile for keeping the Association notified of your address. My advice would be to contact the lawyer and remind him that's the figure he quoted and ask him to waive the attorney fees - as unless you can show some clear evidence you ** don't ** have to pay them, it might be easier in the long run. By the way ... I'm in Arizona, too, and know some of those HOA can get pretty restrictive. I hope it works out for you. Thanks for the chance to help, Serenata Google Answers Researcher
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