Master Association sues in small claims court

small claims courtThe Edgewater Isle Master Association, through their collection agent A.S.A.P, filed a small claims case against a homeowner on Monday for unpaid dues and fees of $3,531.26. According to San Mateo County records, the Master Association also filed a lien against this same homeowner (a South owner) in January of this year. The small claims case hearing is scheduled for August 20 at 1:30 p.m.

Association adds junk fees and sues for dues not yet late

The Association and/or its collection agent has DOUBLED the amount of the past-due dues by adding their "fees" that more than double the amount of the debt. The amount of dues from September 1, 2012 - July 31, 2013 is, by our calculation, $1,637.31. But the Association and its greedy collection agent have added their fees, which total $1,893.95, which is a total of "fees" that are approximately 115.67% of the original debt.

But here's what's interesting: the Master Association has SUED IN ADVANCE of unpaid dues. The Master Association assumes that this homeowner will not pay in July, which may be a fair assumption, but one must ask how the Association can sue and assess a late fee for dues that are not yet late.

Master Association sues owner for $3531

Case "off calendar"

A small claims case filed by the Master Association on July 1 was scheduled to be heard today. The case was postponed, or is "off-calendar," because the Edgewater Isle Master Association has not served the defendant they are suing for unpaid dues.

The hearing was rescheduled for October 11.

Case dismissed

Yesterday, the Edgewater Isle Master Association dismissed without prejudice (i.e., they could file the same case again) their pending small claims case for unpaid dues.

 


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Moxi Posner's Criminal Past

Moxi Posner, also known as Lois Posner, has been very active within the Edgewater Isle community for years. She has been an outspoken advocate for her own various causes, and has appeared in at least two local newspaper articles.

While describing herself as a "homeowner and realtor advocate," Posner has a more colorful background: Posner has 5 criminal convictions for theft, 2 restraining orders against her, and this event that was previously discussed here.

Posner's five convictions in San Mateo County run from 1992 - 2007. It was between criminal convictions in 2006 that she was issued the first restraining order against her from a next-door neighbor. The facts are here.



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