Condo Association Playing Games

[Trout]

I own a condo and the association consistently posts my payments late. I have proof from my bank of when the payment was mailed (online banking). So I am pretty sure I'm covered, but wanted to check here... Meaning, the check would be mailed weeks before it was due, and then the association's management company would hold the check and try to force me to pay a "late fee" -- I am up to the point where I have several hundred dollars in "late fees" and "legal fees" on my "statement" -- however, I'm able to prove that all payments were mailed BY THE BANK (Thank God for online payments!!!! Or I would be in big trouble) with plenty of time to get to the association.

I have sent the association's management company several certified w/RR letters and they have ALL gone unanswered (asking to speak with somebody to resolve this issue).

I believe the reason they are doing this is because they (the association) engaged in actions that were not permitted (according to our by-laws) and I called them out on it.

What is the proper venue and or method to deal with this? Small claims? What would I sue for? I don't want money from them -- only for my account to be corrected.

Thanks,
Trout

[Eagle]

Trout:

My understanding of an online payment is that the payment is sent electronically from your account to the payee’s account. Are you sure the bank is mailing a check to the association?

In any case, if you can prove that the association is receiving your check on time then you are entitled to be reimbursed for any late fees imposed on you. You can file a complaint in small claims court to get your money back.

Now, if you can prove that the association was acting in a retaliatory manner (and I think you can do this) you can sue for more than just the late fees. You can sue for damages and you would have to file the lawsuit in either the Special Civil Part or the Law Division of Superior Court.

Here is a link that can help you file a lawsuit in Small Claims Court: http://www.judiciary.state.nj.us/civil/civ-02.htm

[Trout]

Trout:

My understanding of an online payment is that the payment is sent electronically from your account to the payee’s account. Are you sure the bank is mailing a check to the association?

In any case, if you can prove that the association is receiving your check on time then you are entitled to be reimbursed for any late fees imposed on you. You can file a complaint in small claims court to get your money back.

Now, if you can prove that the association was acting in a retaliatory manner (and I think you can do this) you can sue for more than just the late fees. You can sue for damages and you would have to file the lawsuit in either the Special Civil Part or the Law Division of Superior Court.

Here is a link that can help you file a lawsuit in Small Claims Court: http://www.judiciary.state.nj.us/civil/civ-02.htm

Thanks for the information. Yes. My bank mails them a physical check. They log the date it was mailed and the date it is believed to have been received. What is happening here is that they (the association) is holding the checks and/or saying they didn't get them when they did in order to try to levy a late fee. I have exchanged words with the powers that be over mismanagement and illegal actions and they have a serious problem with me, hence the payment holdings.

On my side, among other things, I have the bank information that clearly shows the date was mailed and all the other dates. For example it will show the check as being mailed on the 3th of the month (payments after the 10th get the late fee), should have arrived on or around the 7th -- yet the association won't deposit the check until the 11th or 12th.

In interesting question is, what keeps anyone from playing this kind of game to levy a fee? I know in certain cases it goes by a "letter mailed is assumed received" (Testimony (in this case a statement from the bank) that a letter was so address, stamped, and mailed raises an inference that i was received.)

Moving forward...

I have received a certified letter from the association (finally) in response to my request for more information on the debt they are trying to collect (late fees and legal fees). All the letter really said was that they are late fees and legal fees but did NOT itemize or explain or quantify any numbers. They simply reduced the the amount by around half... which obviously is not owed either.

There is more to this story as well... that I won't go into here.

But to answer your question: Yes a physical check is mailed. :)