Bernick Lifson P.A.

***corresponding documents attached. This office represents the *** Homeowner's Association (the "Association") whichis managed by *** Company, IncThis letter is sent as a response to the complaint sentto Kirk *** of *** Company, Inc., dated April 6, 2016.The Complainant, Ms
*** ***, owns a condominium unit which is within theAssociation (the "Property")Pursuant to the Association's Declaration which is on titleto the Property, and Minnesota Chapter 515B, as the owner of the Property she has apersonal obligation to pay assessments levied against the Property by the Association.Likewise, the Association has the legal right to collect unpaid assessment amounts.Ms***'s complaint seems to stem from the fact she believes due to filing bankruptcyon July 1, 2014, she was relieved of her obligation to pay any further assessments leviedagainst her PropertyHowever, bankruptcy only discharges debt incurred prior to filingthe bankruptcy petition, all post-petition debts she incurs, including the assessments leviedby the Association, remain her obligation to pay as they are not subject to the bankruptcy.There is also a misunderstanding of Ms*** as it relates to her current ownership ofthe PropertyShe states the "property was discharged in Chapter bankruptcy." However,real property is not discharged in bankruptcy, only debtIt seems she walked away fromthe Property after the bankruptcy and believed the lender had taken the Property backThisdid not occur and she still owns the PropertyAt one point her lender did start a foreclosureof the Property but it was later voided.My office has previously sent correspondence to Ms*** dated April 4, 2016,addressing her misunderstandings regarding the impact of her bankruptcy and explaining*** *** *** * *** *** * *** *** * Mpls MN 55416P: ###-###-#### I F: ###-###-#### I bernicklifson.comRevdex.com Complaint ID: ***Page of 3to her that she is still the current owner of the PropertyThat letter, along with theattachments sent to her is enclosed for your referenceIn the letter it is thoroughlyexplained why she still owns the Property and why the assessment amounts were notdischarged in bankruptcy.With respect to the letters containing the different amounts of assessments owed, theAssociation has the right to accelerate and declare due all annual assessments in the eventan owner becomes delinquentOn February 15, 2016, my office initially sent a collectionletter to Ms*** and it provided a copy of her ledger showing the post-bankruptcyamounts owed totaled $6,Since that time, the Association has accelerated anddeclared due the remaining assessments for and added on other amounts incurred inattempting to collect what is owedTherefore, when my office commenced a legal actionto collect what is owed by Ms*** the amount on the Complaint was $10,500.00.It need also be noted that have not received any emails or other correspondence from Ms.*** as is stated her complaintHowever, in addition to the letter sent on April 4, 6,explaining to Ms*** why she is still legally obligated to pay the amounts owed tothe Association, another attorney from my office has spoken with her husband Jeremy*** regarding this matterDespite our efforts to work with Ms***, she and herhusband continue to make complaints in online forums against my office and theAssociation's management companyIt seems this is being done as a form of harassmentand is intended to intimidate the parties involved so that we will refrain from enforcing thelegal rights of our client, the Association.Both my office and *** Company work for the Association, which is the party Ms.*** has a dispute withIf Ms*** wishes to reach a resolution to this matter itwill need to be approved by the Association as neither my office nor *** Company hasthe authority to make any agreements with her absent obtaining approval of theAssociation.If she wishes to propose a resolution to this matter I can relay the proposal to theAssociationHowever, the Association takes actions which are believed to be in the bestinterest of all owners in the communityThe Association has an obligation to pay forupkeep and maintenance for the entire community and when one owner fails to pay whatis owed, those costs and expenses are then absorbed by the other owners in the communitywho are paying their shareThe Association's board of directors also has a fiduciaryobligation to enforce the Association's governing documents and collect past dueassessmentsAs Ms*** has a legal obligation to pay assessments and has failed topay over $10,in assessments, the Association will need to consider the financialneeds of the Association and the rights of other owners in the community in entering intoany resolution with Ms***.Revdex.com Complaint ID: ***Page of 3If you have any additional questions or concerns or would like a more detailed response toany issue raised in Ms***'s complaint please do not hesitate to contact me.THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTEMPT TOCOLLECT A DEBTANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE.Yours truly,BERNICK UESON, P.A.Matthew S*Attorney at lawEnc.Kirk *** Homeowners Associationcc: