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

Related Topics:
1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
PREMIUM
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.