Battle With Hoa-seeking Legal Advice
Location: Texas.
In 2024, I attempted to pay a roughly $700 HOA assessment through the HOA's online payment system. The payment did not go through, but I did not receive any notice of nonpayment until several months later.
After receiving the notice, I attempted to make the payment again through the same system and received a payment confirmation. However, the HOA later informed me that the payment had not actually been received. A few months later, I received another notice stating that the balance remained unpaid.
I contacted the HOA management company. At one point, I was told the system could not find my account when I tried to make the payment. During these communications, I was actively trying to resolve the issue and pay any amount actually owed. I was also told that fees could be waived because of the circumstances.
Instead, the matter was eventually referred to the HOA's attorney. Since then, attorney fees, collection costs, and other charges have continued to be added. The original disputed amount was about $700, but the HOA has now assessed more than $1,300 in additional fees and charges.
I have remained current on my regular HOA assessments throughout this period.
Recently, my tenant lost access to the community recreational facilities because the HOA claimed there was an outstanding balance of about $400. To restore access, I paid that amount. A few weeks later, my tenant said they still didn’t have access and when I checked the account, the balance had increased to over $900.
I have records of my communications with the management company and evidence that I attempted to make the payment when the dispute began.
My questions are:
In Texas, can an HOA continue adding attorney fees and collection charges when the owner is actively attempting to pay and the underlying issue may have been caused by the HOA's payment system?
Is it generally advisable to pay the disputed balance first and then seek reimbursement/refund later, or could that make it harder to challenge the charges?
What type of attorney would handle this (HOA law, real estate attorney, consumer protection, etc.)?
Any guidance would be appreciated.
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