Question:
Hello all, I'm in a court battle with my condo association in Michigan over a late fee for a payment they claim was not received.
My bank records show it was mailed. As such, I have refused to pay the fee. Every month for 3 years the association has used this late fee to create a perpetual default each month by applying my timely payments to the alleged o/s late fee, then to interest, then to legal. This creates a payment deficit, and then they apply another late fee.
Our bylaws say they can do this, but is this legal? Is there any case law?
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