I've been an owner of a condo for 5 years. The first 3 years no late fees/charges were enforced/charged on monthly maintenance or assessments for being delinquent. I always paid my maintenance between the 15th and 30th of the month with no penalty.
In 2014, A new management company was hired. In mid-2014 I started to receive invoices for $25 late fees on maint. I complained to the new mgmt company and asked if there was a change in late fee policy. They stated that they could handle the question regarding late fees shortly (meaning months) since they were currently going through all of the old condo records.
As of 2016 I have been charged 9 late fees I refuse to pay. The mgmt co sent my account to their attorney, who now seeks $1,200 in fees + the late fees, etc.
I asked the mgmt co what was the policy on enforcing late fees. I explained my situation, and he stated "the authority to enforce or change a policy, especially fees and late charges on maintenance could only be managed/changed by the condo board."
That being said, can the mgmt company legally/legitimately charge late fees if there was never a change in policy from the board and nothing was sent from the mgmt company ?
Answers (27)
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