HOA Dues Late, foreclosure notification

[Matt C.]

Good morning!

I've recently had an issue with my HOA for one of my properties. I thought the HOA was being handled by the management company, but it is not. As a result my HOA fees have not been paid for 2017 or 2018. The association delivered certified mail to my tenant who was delinquent and ultimately evicted last week, meaning I never received any of the notices.

Last week I was served papers and contacted by the attorney regarding the payments, which was my first contact. At this point they're asking for $3,073.88 for $820 in assessments plus fees, including $1931.14 in legal. I'm frustrated because I do have an email address on file with the association, but they chose to enter into foreclosure before even sending an email. I also put the property into professional management in March 2017 and they notified the association to send correspondence to them.

I know I owe the payments for the assessment and at fault for the lateness of the penalties. My question is does the association legally share any fault? Do I have any grounds to negotiate a settlement?