Homeowner Files Lawsuit Against HOA + Kuester

This morning a lawsuit seeking $195.00 was filed against the HOA, and Kuester Real Estate in York County Magistrate Court.

The homeowner, sent a payment for HOA fees about 6 months ago the payment was sent and received by Kuester on time, however Kuester changed the homeowners account number and sent the payment back, when the homeowner asked when did you change my account number, he was told 2 years ago, yet they accepted his payment every month for 2 years with the old account number without ever notifying him of the change. The homeowner resent the payment they sent back, but now it was a few days past the 15th so they charged him a $15.00 late fee.

The homeowner asked why did you charge me a late fee, and their answer was we never received your payment, when in fact they received it and than sent it back, he was than told because he had not had any other late fees in over a year, that this fee would be waived as a one time courtesy. The Homeowner was upset about it being a one time courtesy because he felt it was their fault not his they had the payment before the 15th, and they choose to send it back, and still never contacted him, but they were going to credit it back so no big deal.

Two months later he still saw the late fee on his account and called and again was told as a courtesy it would be credited back, and again two months later it was not, he called again and was told again the same thing it would be credited back as a courtesy. Eventually he emailed them and than was told it would not be credited back, unless he could prove his claim, the problem with that was he gave them all the bank information including payment confirmation numbers and everything showing the payment was sent on time, received by them and than sent back to him, because of the account number on his first phone call to them about the problem.

At this point the homeowner decided to file the civil suit, under South Carolina law if he prevails he is entitled to the original amount in question $15.00 which he did pay to the HOA, and legal fees, making the new amount of $195.00. We will update you as soon as we get any updates on the case.