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Condo board says cant charge late fees to delinquent owner

Posted on Mon, Feb 28, 2011 @ 08:07 AM
  
  
  
  
  
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Our New York condominium building has an owner who is seriously in arrears on multiple apartments. Since the early days he was in arrears he has not been charged any of the regular late fees (as specified in the building rules) that are charged to all owners. The Board is now saying that this is because there is a prohibition against charging them once legal action has been commenced. Can you comment on that and, if there are some limitations on imposing those regular late fees, can you comment on when those limitations apply and how they might be dealt with in any legal actions to try to recover them.
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Comments

We have had the same problem in Georgia, once we started legal proceeding and the court issued an award to us ,all late charges and interest had to stop. Problem is the owner has now filed bankruptcy, so we are out $ 17,000.00. The units have also been foreclosed.
Posted @ Monday, February 28, 2011 8:29 AM by Dagmar
File a lien of unpaid common charges. You will be able to add the late fees, along with the fees you acquired to collect outstanding funds onto the total of which they already owe. Its a win, you cant loost. 
 
www.NewYorkCondoLienInc.com 
 
 
 
Don't waste time, your only hurting yourself.
Posted @ Monday, July 11, 2011 1:37 PM by Anthony
I am on the Board of Directors for a HOA in Montana. Our bylays call for interest on delinquent assessments (prime + 2%). Can the Board adopt a policy to add a late charge (it has been happening for at least 4 years and I am not sure it is legal) Can we adopt it now?
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