Miami, FL asked in Real Estate Law and Business Law for Florida

Q: Can they ask me for more money when by my account, I’ve paid up everything I’ve owed and I’m up to date?

In a letter dated March 31, 2023, I was informed by the Head of Accounts Receivables that I owed $789.99 to the Association. The letter states, “must be paid within 30 days of the date of this letter. "

On April 29th, 2023 I sent the full $789.99 within the 30 days of the date of the letter March 31, 2023 and emailed the Head of Accounts Receivables that I’ve paid and complied with their demands. .

Two weeks later, I get an email on the same thread from the property manager that on March 28, 2023 they mailed a certified letter but that the return receipt was returned as unclaimed and so I owe another $764.40 for more maintenance, late fees, etc.

My question is: I received a regular letter dated March 31, 2023, which I responded to and sent payment for what they requested, how can the property manager claim I need to pay more money when I never signed, nor did I refuse to sign, nor was I even aware a certified letter had supposedly been mailed out.

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1 Lawyer Answer

A: Technically you missed the 30 day deadline if the payment was not received by April 30th. Without knowing how much your dues are and what the frequency is for payments, it is impossible to give you a definitive answer if this amount being demanded is an overcharge. Legally, the management company only has to prove the letter was mailed if it goes to court and the court would be satisfied.

Your property is at risk of a lien, which could later be foreclosed. My suggestion is to pay the amount of the demand and then dispute the charges if they seem excessive but at least remove the risk of lien/foreclosure first.

1 user found this answer helpful

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