Virginia Beach, VA asked in Civil Litigation, Collections and Contracts for Virginia

Q: If you pay a demand letter from a community association attorney by the date stated can they later collect lawyer fees

The lawyer via email when I asked “ we are clear now” said I’m will confirm with Hoa I believe so” then 96 days later I receive statement of account from hoa with 4 bills for professional services for 1116$ I call propert mgr the accountant calls me back and says she will look into it then 30 days later I get a warrant in debt. There has been no way to ever view our account balance only paper bills and we were never sent any bills after I paid the past due amount until the one sent 96 days later

1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
  • Alexandria, VA
  • Licensed in Virginia

A: Generally, there is a provision in the HOA Bylaws for the right of the HOA to collect attorney's fees. However, the right to claim attorney's fees is not a statutory right but must be awarded by a Judge. I suspect that is the reason the HOA filed the Warrant in Debt and is probably claiming only attorney's fees. You may want to dispute the claim and hire an attorney to defend your rights.

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