HOA partial payment story – pre trial

February 5, 2014Comments Off

HOA partial payment story – unfortunately the whole story was not presented at trial. The issues were much more sinister. Once your account is transferred to a collection attorney they run roughshod over you. They don’t follow the law, and don’t appear to care about anything. While we presented the most basic of documents there was much more to the story.


Note that there was a lot of additional evidence that was not taken to court. I have uploaded some of this evidence for download. Letters written to the HOA Board of Directors. Letters refused by the Board of Directors. Letters written to Pagano, the collection attorney. Letters included with each and every payment made. The sad part about this is just how many times have these tired old Judges ruled in Feldsott’s favor and have not followed the law? How many people have lost their homes because they could not fight a bad trial Judge ruling?


  • Got behind on HOA payments
  • Property manager was not sending invoices to my office (or condo)
  • Condo had been rented for 8 years
  • Attorney sent me letter they would sue me (march or april I think)
  • Did not want to be sued so contacted attorney
  • I NEVER requested any kind of a payment plan – NEVER, NONE
  • Attorney’s assistant asked me how much I could pay
  • I simply answered that I would pay $2000 to start (simply to answer the mans question)
  • Apparently he sent me a payment plan in email. (never opened it)
  • I sent simple letter to HOA management company saying I would make payments (not payment plan per se)
  • “Payment plans” are contracts between you and the attorneys. There was no such plan.
  • I made about $3500 in payments and asked for my accounting
  • NO ONE would provide me with my accounting (very bizarre)
  • I asked in several letters to the managers and HOA for my accounting (no one would give it to me)
  • In December i received a letter – Attorney was asking for a default judgement!
  • I immediately called attorney and asked what this was about.
  • Never even knew there was a lawsuit! (why would attorney not contact me before default?)
  • Attorney stated that I was served at condo by process server.
  • I explained that I had not lived at the condo for 8 years, and had not been there in 3 years.
  • Asked attorney to vacate judgement. She would not.
  • Found that process server they use had been served for “gutter service” I have been contact by several people now
  • I had lots of money in bank and just wanted to pay my assessments. Had asked for accounting for months.
  • Asked for accounting and sent regular assessment payments.
  • Still no one would give me line item accounting so I could see what I owed and what for.
  • Attorney’s assistant was COOKING THE BOOKS!
  • Because he was doing this sketchy accounting my debt was far above what I owed – he tried to force me to pay attorney fees and applied my payments to ATTORNEY FEES rather than to assessments!
  • I have accounting background and calculated what I thought I owed
  • I then sent that full amount to the HOA President – he accepted and sent me an email saying so
  • About a week later I get letter from attorney with my check! She sent it back to me!
  • Still had not been served with lawsuit.
  • Paid my assessments if full, spreadsheet shows I overpaid
  • Still I had not ever received my itemized accounting
  • Sued association in small claims to get my accounting
  • Finally at small claims hearing was was given my line item accounting
  • Attorney’s assistant served me at small claims hearing for the foreclosure
  • Effectively I paid my assessments in full way before I was ever served with legal action


Imagine that. Attorney fees and attorneys are the tail that wags the Association dog. I met with two board members who don’t know the law and had NEVER read the CC&Rs!


Old retired Judge Galvan was no paying much attention at the trial.


Feldsott continues to tell untruths on his website. NO PAYMENT PLAN WAS ENTERED INTO!


Payment plans are drawn up by attorneys and are effectively contracts. I simply wrote a letter to the management company stating I would make payments. I never saw nor did I sign Feldsott’s payment plan.