AZ HOA gone wild !

[idainc]

I'm hoping they do. We've been discharged and this is the last matter outstanding. I owe them about $200 so I hope this doesnt get in the way. I'd like to think the have about 10 days to pay it but then again they didnt think it mattered if they violated the stay.

Actually the HOA uses a management company whose error this is ( which is none of my business).

[justbroke]

Actually the HOA uses a management company whose error this is ( which is none of my business).

Doesn't matter that it's a management company. They are an agent of the HOA, so the HOA is responsible. Just make sure you communicate to both the HOA and the management company!

[idainc]

Thanks. Agreed. Interesting to be the one pursing them for money now. I wont be kind.

Our court in Phoenix now has someone appointed to help pro se filers in these matters and I have a call in to him.

[idainc]

Update -

I converted the Mintute Entry from the BK court to a judgment against the HOA for $3400. Cost to me $50. Then their law firm called to advise the settlement check was ready for pick up or mailing and I told them about the judgment. In one ear and out the other. Some lawyers.

So now I've been fully paid AND I have a judgment against them too. I was surprised that the law firm didnt want me to sign a satisfaction of judgment.

They did advise the court that payment was made AND they also copied the trustee ( we've been discharged). I pursued the HOA for damages as it was lost wages ( $3400) so I dont expect to hear from the trustee again but I thought it was funny that their lawyer copied the trustee - probably in the hopes that he'd claw back the money.

[researchnerd]

Congrats on your win! It's great to see individuals (as opposed to the corporations) come out ahead once in a while.

[BROKEDED]

Great story! Congratulations. Interested to know how much you owed to the HOA in just dues and late fees.

Our HOA's management company just blew through $1000 with the attorney pursuing a home that the bank had already started foreclosing on.

I had to have a sit down look me in the eye conversation with our manager. Management companies can be a godsend for many HOA boards but some times I think they are in cahoots with the attorneys to drain the bank account if they get a chance.

[idainc]

I discharged about $600 as of APril 7th. I don thave a corrected bill from that date forward so I'm anticpating a battle with them when I try to pay a correct amount. I know they are so stupid they will try to tack on late fees for bills they never bothered to send and of course if I paid any amount now they would apply it to pre-petition debt. Right now I owe about $225 or so and I'm praying the trustee sale goes forward on the 13th. Hey Friday the 13th in fact.

I'm hopig that they might think twice about aking me on again as I won in a Federal court and am relatively fearless. I'm also trying t devise a way to make the outstanding ( but paid ) judgment work for me.

[BROKEDED]

Oh yeah, that's gonna go over swell. I don't know how big your neighborhood is or if you could sneak in to a meeting but you could attend the year end meeting just to ask about that legal expense when they present the budget.

Watch them squirm trying to answer how they started with -$600 on your account and ended up with probably -$5000.00. Hilarious!!!

[justbroke]

Congratulations on your settlement!

[idainc]

Oh yeah, that's gonna go over swell. I don't know how big your neighborhood is or if you could sneak in to a meeting but you could attend the year end meeting just to ask about that legal expense when they present the budget.

Watch them squirm trying to answer how they started with -$600 on your account and ended up with probably -$5000.00. Hilarious!!!

The community is over 2500 homes. In this case the managing agent screwed up in that they didnt know what to do with a BK notice so they kept billing me into the automatic stay. And the settlement came from the managing agent not the HOA.

[BROKEDED]

The community is over 2500 homes. In this case the managing agent screwed up in that they didnt know what to do with a BK notice so they kept billing me into the automatic stay. And the settlement came from the managing agent not the HOA.

Oh well, with 2500 homes that's petty cash. They can waste money on a government scale and no one will notice.

[idainc]

[justbroke]

Most Districts will allow you to re-open a case without cost for a dischargeability issue or violation! You'd do the Motion to Re-Open and file a Complaint (Adversary Proceeding) at the same time. This could be real fun and could get you some $$$.

Read your local rules. I might be tempted to do this as a complaint over a contest matter (by motion). Just because it will cost them more.

[idainc]

Thanks !

Great minds think alike !

You know I told their crappy kid lawyer I had a judgment and I wnated the $50 fee back and he got snotty and didnt as for a release.

I'll start typing the motion to re-open and a complaint over an already ajuducated issue. They violated hte discharge and I consider this threatening, an interruption of my livelyhood, and emotionally damaging. Enough is enough. One hand has absolutely no idea what the other is doing.

This judge was particularly PO'd at them already.

[Azatty]

Just out of curiosity, would the firm giving you trouble be Maxwell & Morgan?