Condo Association Management Blog

If your by laws define such fines then it is legal. If you don't pay yopur association may attach a lien to your property and penalize you further by denying you the use of your common facilities.

In our bylaws, monies are first applied to any outstanding fees or assessments, and then to the regular monthly condo fee. 
 
 
 
I would suspect most associations work the same way. I know there are decent folks who do not abuse the sustem and have good reasons for being late sometimes; however, if a fee structure is not set up as I described above, it would certain invite delinquency.

Check the usury laws in your state. There is a limit to what can be charged, but usury laws differ by state. No matter what your condo docs say, you cannot be charged more than is permitted by state law.

And check your state condo laws. In Missouri - the law states that a lien is automatic when you buy the condo - you "agree" to the declaration and bylaws and they will mimic the state law. Boards don't have to file the lien with the recorder of deeds office to perfect it because of this. Condo living is a nasty lifestyle we've decided. Power goes to a Boards head. Especially if they are lonely only's and have nothing else to do but police the halls. Someone called senior social services on an owner the other day - and then she called the police when the owner wouldn't open her door. You never know what is going to happen when you go against a rule or reg.

I know these econocomic times have created tough times for many owners. Times are also tough for the Associations. They have set expense and obligations they must keep. They depend on owners paying their fees monthly, on time. If they can't collect the fees, the rest of the owners must make up the losses.  
 
Nothing is fair.  
 
The fees and remedy for late payments are set up in your Association rules and approved by your state. You must have been aware of the rules prior to this issue. Talk to your Association Manager. Make arrangements to catch up and keep your obligation. If needed, borrow some money to save that $50 late fee. Try not to make your Association out to be the BAD guy. We have to take responsibility for our actions. Not someone elses fault.

Maryann, that Board went a tad to far, unless there was a concern by a neighbor, that neighbor should have called. A board should never get involved in a personal issue. 
 
On the Late payment Fee, the Assoc. has the right by state law to collect. If every condo owner paid late, the Assoc. would not be able to meet monthly obligations.

As I read the original post (and re-read it for clarity) the writer states he/she was late in April, but is current from May forward, but "still have not made the payment for April". If the basic assessment for April is still deliquent, then (even if the May payment is applied to April) the writer is still deliquent and has been so for four or five months and it seems the late fee amount may well be correct. It may be that the writer has a beef with the HOA, but withholding fees is not the way to settle it. The governing docs should outline dispute resolution and who has the ultimate authority. And if that's the case, buck up and face your responsibility. You bought into the rules when you purchased the property.

When I got onto the Board and starting looking at the financials I found out we had three owners that were delinquent - and for awhile we were owed thousands of dollars. Monthly we were out about 4,000. One month the financials reflected 12,000 in arrears. But you have to ask for that specific report or you don't get it. Noone knew it even existed. For 21 owners - that amount was ridiculous. It all happened under the watch of the one President who was there for about 7 years. She's the one that just met the Social Services lady. The Board did nothing at all until I quit and sent a demand letter telling them to get the money. For 6 months when I was on the Board the Treasurer said to myself and the President everything was fine. I quit over this and the fact that they were withholding information from me. They asked the most delinquent owner to be on the Board to replace me - who knows if he ever paid up. I could not tell from the information the monthly information ever. No late fees, not nothings against any of these owners. No one wants an audit. It was just voted down. Two of these owners have since sold so I'm hoping the money was collected at closing but we'll never know. And no one even cared when I brought it up. This Treasurer has been on the Board forever, and everyone thinks she's done a great job. I'd never live in a condo again without and reading all minutes, etc. and talking to everyone first.  

Condo owners listen up- your investments and homes are on the line. Laws must be changed

I agree that most Condo associationas would apply the payments to the delinquent month. This is a flaw in your CC&Rs. They shouldn't be able to not apply it to April and keep on charging you. However, your board being as unbending as it appears to be, in the future you should state exactly which month each payment is to be applied to, and write this on the check itself. If you really want to protect yourself, send a separate letter, certified mail with a return receipt, that states which months you want the check(s) to apply to. If your condo board is as unreasonable as it seems, this should be done every month. If they won't budge about the late fees, you will probably just have to pay them--and be more aware of their unfair and unbending system of posting checks in the future. You could also make a complaint at the next board meeting and ask for a change in the CC&Rs about this. I can't imagine that many condo owners would object to this kind of change in the CC&Rs. They, too, could get caught up in this unfortunate way of posting payments.

Gosh,Louise, I would like to borrow money from you because I know you would be happy to soak up the loss if I decided to not make several original payments. As long as I make current payments, we're cool, right? No more fees? I'll be right over to get the loan. Thanks!

I would like someone who knows how update is the DBPR in posting the Orders for recalls of board members 
 
on their website. Please I need to know. 
 
Thanks

What do you do when meetings are held with out notifying all members, then they deny it. Our HOA has never had an audit is this legal??? Any one know in FL. 
 
 
 
Whe two of us questioned this, they sent out a news letter telling the community not to for us the next time, we do not had their best interest... and have since sent more slanderous letters. 
 
What spoke to an attorney, nothing can be done. Is this true???? Some one help!!!

I am a Florida Realtor and live in a condo association.  
 
 
 
Most associations, by state law, are not required to do an audit. It depends on size and number of owners and budget. Contact the DBPR and get some information. If needed, The DBPR will have a meeting with your owners and board to explain the state regulations. All regulations are on line and easy to find. Start with a call to the DBPR and they will provide the answeres to all your questions.