Attorney/Lawyer needed

[DebbieM]

Not for an immigation issue but for one of my owers who is fighting with his Home Owners Association.

He says he has paid, they say he hasn't. Problem now very out of hand and serious threats are being made by the HOA lawyers.

Any help in recommending someone who can help with this type of situation would be appreciated. I'm not quite sure if I should be finding attorney's or lawyers for him.

Thanks in advance folks.

Debs

[peter gold]

If he paid has he not got a copy of th echeck , and if not get one. If cash paid where is the receipt
He does not need to incur the exepense of a lawyer for something as simple as proving he has paid or not.
If he has a recipt or copy check just prove it to them or pay up

[Kriz1]

I just sent a new check when mine went missing and told them to rip up my first one if it ever turned up....which it did 3 months later...
Get onto the bank to cancel the old check...and just write a new one...a lot cheaper than a lawyer....

[Susie]

Hi Debbie M

Is it possible that he sent the check but it did not clear?

Also I have known that it is possible to write a check out and someone other than the payee cashed it

How did he pay? Money order Check, what proof has he got that it was paid for and cleared though Bank.

If he has got the cancelled check then he needs to look at the stamp on the back of the check to see where the money got paid into.

Think you need a bit more info to help

Any attorney would be costly and doubt the HOA is more than $2000 so would not be cost effective

[mark]

hey debs

It would be quicker to pay again to avoid legal action, then prove they are wrong

[DebbieM]

Bit more detail for consideration:

Owner owns 5 homes and has been delinquent in the past. Sent check for two homes and another for the other three. Check for the two got cashed one for the three went missing. HOA have part of our address in the US and part of the owners address in the UK for the other three hence any correspondence sent did not arrive at either address.

HOA take is that owner should check his bank account to ensure checks are cashed in a timley manner. Owners argument is that he thought he had paid and as he received no correspondence to indicate otherwise never thought any more of it until October of this year when someone at the HOA put 2 and 2 together and realized the mistake. I know this to be a fact as they contacted me asking for a copy of the POA.

Fees on three homes plus interest accrued for the year amount to over $6000 with owner in orbit at the moment and me stuck in the middle.

He has sent checks for the amount less interest but these have been returned and he has been given until 12/29 to sort this out.

I have requested statements from HOA to try to ascertain what they have received and what they havent as this is very confusing without all the info, hence why I don't want to get involved.

Any thoughts?

Debs

[peter gold]

Sorry he owes the money and interest See the HOA rules for non payment penalties

[Susie]

Hi Debs

I know you are trying to help but why give yourself grief, especially at this time of year.

The owner should read HOA rules and regulations as I bet it clearly states what the charges are for late payments. I beleive Peter is correct that the owner will have to pay up or get a lein on his property

[DebbieM]

Good advice as always and yes, I agree whole heartedly that this is NOT my responsibility and YES I really don't need this.

I do however have some empathy for the guy as he is 4000 miles away and the HOA do seem to have made errors too.

So back to my original question - anyone know any Lawyers who's details I can pass onto my owner?

Only 6 days to Christmas and I'm soooooo excited!

Debs

[peter gold]

Go to the Florida Bar refrral scheme http://www.floridabar.org/divpgm/lronline.nsf/wreferral6?OpenForm&Seq=1#_RefreshKW_LRPANL
Area of law button will bring up Homeowners Assoc
This will pass the problem on to soemeone else and get you out of it. I now understand

[DebbieM]

Many thanks Peter and everyone else for their input.

A very useful link to keep.

Debs