Condo Association Management Blog

Absolutely they have the right to charge the late fee. they are not required to notify you of the charge. Creditors only send statements out of courtesy, not because they have to. It is your responsibility to know you owe, when you owe it, and to whom you owe it. It is also your responsibility to pay the late fee if you know your payment is late. 
 
Now, as a matter of practice, in all of the associations my company collects in, if the fee is over a year old I ask the board to waive it. In theory, there is supposed to be proof that the alledged violation occured and 99.9% of associations don't keep that accurate of records. 
 
So, if I'm in your shoes, I go back to the association and say, "please show me where I was late because I don't think I was." Your board should have an appeals committee who will look at any evidence and determine any course of action. You have a decent shot at getting it waived because I'd put money on the fact that their records are not that accurate. 
 
Darron Hay 
 
HOA Receivables Management

Please consider this: If you found that you had overpaid, would you expect a refund? Sure you would. Do the right thing. If you owe it, pay it....