A $20 Late Fee from 2007, A Civil Complaint, A FINAL Judgment, Another Civil Complaint!
Hello Everyone! As you know, I'm new to the blog. I've been reading every one's comments and find them interesting. Hopefully we'll get more people aboard!
I've lived in Wingspread for 9 1/2 years now. Please allow me to relate a recent (yet ongoing) incident regarding Horst Property Management/Wingspread. In April 2007 I had an outstanding late fee to the tune of $20. In November 2008, I got a letter from Horst Property accelerating my monthly assessments for ALL of 2009, assessing additional late fees and interest for this ONE $20 late fee from two years ago. Moreover, Horst admitted that it was changing the manner in which it collected late fees and that it would be changing it RETROACTIVELY! Shortly thereafter, I got a knock on my door from the Exeter Township Constable with a Civil Complaint from Horst/Wingspread over this $20 late fee (now 2 years old). I think most sensible people would agree that filing complaints over a $20 late fee is a waste of time and money - our money! Why are Horst/Wingspread paying thousands of dollars to Attorneys and Courts for a $20 late fee from 2 1/2 years ago??? I did defend myself in court in May 2009 and the Judge agreed with me -- Horst/Wingspread could not change its method of collection and apply it retroactively. The Judge awarded Horst/Wingspread a fraction of what it sought and applied everything proactively. Significantly, the Court Order did NOT grant Horst/Wingspread Attorney Fees or interest. A Judgment is a Judgment, correct? It should end a dispute, right? Not according to Horst/Wingspread. Despite the Judgement, they assessed my account with Attorney Fees and more Late Fees (stemming from the original dispute that the Court already ruled on!) Recently, Horst/Wingspread advised me that they would be filing another Civil Complaint as directed by the Board for the Attorney Fees and additional Late Fees as a result of the original dispute that was ruled upon in May. According to the Wingspread Declaration and the PA Community Act Statute, Attorney Fees had to be adjudicated by the court. I thought an Order was final. If not, then Horst/Wingspread can make this $20 dispute go on forever because there will always be a gap between the time they file a Complaint, when it is adjudicated by a Judge and when the first payment of the Judgment is made. How can Horst/Wingspread do this and ignore the specific language of the Court??? They are spending our money chasing $20 from (now) 3 years ago, which has already been ruled upon by a Judge back in May! Is our Board actually aware of what Horst is doing or does Horst make decisions on their own? If so, it's hard to believe they can condone such mean-spirited action over such a minor matter. Has anyone else had a similar situation? Whether or not you have, I'd like to hear your comments on this harrowing situation.
I've lived in Wingspread for 9 1/2 years now. Please allow me to relate a recent (yet ongoing) incident regarding Horst Property Management/Wingspread. In April 2007 I had an outstanding late fee to the tune of $20. In November 2008, I got a letter from Horst Property accelerating my monthly assessments for ALL of 2009, assessing additional late fees and interest for this ONE $20 late fee from two years ago. Moreover, Horst admitted that it was changing the manner in which it collected late fees and that it would be changing it RETROACTIVELY! Shortly thereafter, I got a knock on my door from the Exeter Township Constable with a Civil Complaint from Horst/Wingspread over this $20 late fee (now 2 years old). I think most sensible people would agree that filing complaints over a $20 late fee is a waste of time and money - our money! Why are Horst/Wingspread paying thousands of dollars to Attorneys and Courts for a $20 late fee from 2 1/2 years ago??? I did defend myself in court in May 2009 and the Judge agreed with me -- Horst/Wingspread could not change its method of collection and apply it retroactively. The Judge awarded Horst/Wingspread a fraction of what it sought and applied everything proactively. Significantly, the Court Order did NOT grant Horst/Wingspread Attorney Fees or interest. A Judgment is a Judgment, correct? It should end a dispute, right? Not according to Horst/Wingspread. Despite the Judgement, they assessed my account with Attorney Fees and more Late Fees (stemming from the original dispute that the Court already ruled on!) Recently, Horst/Wingspread advised me that they would be filing another Civil Complaint as directed by the Board for the Attorney Fees and additional Late Fees as a result of the original dispute that was ruled upon in May. According to the Wingspread Declaration and the PA Community Act Statute, Attorney Fees had to be adjudicated by the court. I thought an Order was final. If not, then Horst/Wingspread can make this $20 dispute go on forever because there will always be a gap between the time they file a Complaint, when it is adjudicated by a Judge and when the first payment of the Judgment is made. How can Horst/Wingspread do this and ignore the specific language of the Court??? They are spending our money chasing $20 from (now) 3 years ago, which has already been ruled upon by a Judge back in May! Is our Board actually aware of what Horst is doing or does Horst make decisions on their own? If so, it's hard to believe they can condone such mean-spirited action over such a minor matter. Has anyone else had a similar situation? Whether or not you have, I'd like to hear your comments on this harrowing situation.