Anyone know the laws about POA's. This is my problem. I've been at the same address of over 14 years. When I purchased the house, the outgoing owner was going into bankruptcy, I actually purchased directly from the bank. Being there was no actual seller, I paid up all the past due POA dues and past due property taxes (it was still a bargain). I just discovered in recent weeks, the the POA placed a lein on my home for past due POA dues, little over 7 years ago - for 1 year of unpaid dues ($200.00) My track record of paying them is spotless, paying beyond mine, my accounting software shows the check number for each and every year and that the check cleared the account. Here is my question. Would the POA fall into the same category as a bill collector? I was never notified of any deliquency.. The only thing ever received are the periodic newsletters and one did state, that unpaid dues could result in leins - since it was a general newsletter, and no one named, I didn't pay much attention to it - How can they take action?? Two of my neighbors are on the board, and never said a word about it. Being now over seven years, I wont be able to retrieve check copies from the bank - the year in question would have the check being 8 years old.. How can I prove payment?? Based on South Carolina laws - what have they violated?? Obviously, this needs to be addressed with them, beyond asking how they justified the move against my property.. Thanks for any input..
Did you receive a statement when you originally bought the property, from which you made the payments to bring it current? That should probably be part of your permanent records on the property, and possibly part of the cost basis of the property for computation of any future capital gains. Do you have your check registers, from which you would be able to account for all payments made, whether you have access to check copies? Have they ever sent you statements showing amounts due and in arrears? Or a bill when allegedly the payments were missed, or considered late? Have you requested a current statement on your account, to determine if they even consider any amount to be due?
Sorry - Summertime Busy Season I served on the board from 93-96, property then showed as current and ok. I now know this is for 1998, check would have been written April 98, more than eight years ago. I no longer have checks or statements that old - I dont have check registers, I've always used accounting software to track. This was before bank check imaging. Accounting software shows check number, date and cleared. All I have in addition to that, is the fact in fouteen years, I paid seventeen years worth of dues. Well, according to POA sixteen years of payments. The question still remains - are they classified as a creditor attempting to collect a debt. I was never notified of deliquency, never notified of placement of lean. No regular mail, no certified mail, no papers served, not even my next door neighbors on the board letting me know.
What led them to at this time claim there was a year not paid for? Were there changes in property mangement or billing during this time or since, that might have resulted in payments made, and not credited to your acount? Based on your own checking account balancing, assuming you know a payment was made, was there any indication of a non-cashed check or other balance discrepancy? Have they produced a full accounting going back to before that year was "missed" that accounts for all your payments? If theri records were in such disarray that they did not notice this "error" until now, how can you trust that their records are reliable? Was this paid monthly, quarterly, or yearly? Did they send statements, ever? Did recent statements, or any statements between the alleged non-payment and the present, show a $0 balance, or only a current balance due (account stated)? What do your homeowners association bylaws provide for to resolve disputes, whether in court or by arbitration?
