Columbia, MO asked in Foreclosure and Civil Litigation for Missouri

Q: If my Hoa is entitled to 12% per annum interest but is charging me more than that, would I have a case?

I have been in a billing dispute with my hoa. They will not allow access to records or books as afforded in the bylaws. A previous tenant gave me a copy of the cleared check for a debt the hoa claimed had not paid. I requested access to the records they denied. They hired an attorney and racked up 2550 in additional leg fees to write a demand letter. They then billed me for that. They still have not allowed access to books or Financials.

They charge interest each month at a much higher rate than the 1% monthly set forth in the declarations

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Consumer Law Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: The association’s declaration and rules & regulations govern.

You would “have a case” if you sue and a case number is assigned. If you don’t pay the disputed charge then I don’t know what damages you’ve suffered. If you do pay the disputed charge and then sue, you’ll likely face the “voluntary payment doctrine” defense. Look up the phrase.

If it makes financial sense, hire an attorney to communicate with the HOA and to defend a suit if there is one.

I’d be shocked if the$2550 in legal fees are merely for writing one letter to you.

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