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Former Condo Association Fee to Refund


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#1 MPadge8

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Posted 07 August 2012 - 06:36 AM

I live in Maryland. Recently, my semi-annual association management company switched. I sent my first check to the new management company in January, no problem. In July, I forgot of the switch and sent a payment of $186 to the former management company. They received and kept the payment. It wasn't until I received a reminder from the new company that I realized the mistake. I contacted the former management company (Which still manages other association dues I pay) to get my $186 returned to me. They warned me that they use a third party vendor who charges $25 to refund accidental payments. This seems excessive and illegal to me. Can they hold my $186 hostage with a $25 fee? Can they legally charge me a fee when this was essentially an overpayment they owe me?

Any help is appreciated!

#2 Guest_FindLaw_Amir_*

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Posted 07 August 2012 - 10:35 AM

Does the management company have this refund accidental payment fee in writing?

#3 MPadge8

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Posted 05 September 2012 - 03:12 AM

Not to my knowledge.

#4 legal2013

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Posted 15 February 2013 - 01:14 PM

Hi,
You should request, and get, the help of your current board with this problem.

#5 adjusterjack

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Posted 15 February 2013 - 02:15 PM

You might also check your HOA CC&Rs to see if they address the duties and fees of a management company.

If there's something in there that even remotely authorizes the management company to collect that kind of fee, then you probably are stuck with it if you want your money back.

And it might not even specifically refer to specific types of fees, might just refer to fees generally, allowing the management company to charge what it feels is appropriate.

Or, see if your bank will stop payment on the check. Unfortunately, that'll cost you a fee, too.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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