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Follow upJun 02, 2014

It's reasonable to ask them to pay for the outstanding charges - but there may be an issue with you collecting. If they refuse, you could go to another company. If you go to another company, they'll have to be sued to recoup the losses.

If you go to another company and they refuse to pay, it might be worth taking it on the chin, learning the lesson and then moving on. You'll learn, as a Board, to check up on these things in the future and not let them get out of hand such as this. The budget should be made at the beginning of your fiscal year and from that budget the escrowed amounts will take shape. From hereon in, escrow out 1/12 of the major expenses so that you don't have this happen to you again.

If they refuse to pay and you move on, you'll have to do a cost-benefit analysis to see if it is worth it to pursue legal and the various costs that this will bring.

Hope that help and reach out to me if you want to speak more privately about the matter.

Mark

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Video Answer on this question - Mark B. Levine, RAM (Excel Bradshaw Management Group) Jun 03, 2014

This was a good question and answer so I took this and made it into a video response for our YouTube channel.

http://ebmg.com/2014/06/question-answered-our-property-manager-screwed-up-our-water-payment-and-now-were-stuck-with-penalties-and-late-fees-what-can-we-do/

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End result - malamu Jun 04, 2014

Thanks Mark and others...so, the management company did own up to the error...and agreed to pay for the late fees/interest...but no go on paying for the bill. They did however organize a payment plan with the DEP (unfortunately, we have to dip into our reserve a bit). The company has a comptroller (finally) and actually is doing what some of Mark suggests in the video (thanks for that, too). Lessons learned...though we are still in the market for a new management company. Mark how can I reach you?

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Reaching Me - Mark B. Levine, RAM (Excel Bradshaw Management Group) Jun 04, 2014

Hey, you can email me at mblevine@ebmg.com or directly on the phone at 212-502-7048 x.201.

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