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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31016
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am 68 am disabled live in my owned condo. I am on a fixed

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I am 68 am disabled live in my owned condo. I am on a fixed income that arrives the second Wednesday of each month. That means it can arrive om the tenth or thirteenth or even later. The condo association has always expected the dues by the fifth. I have no other source of income by the end of the month. I have explained this to the treasurer and he said it was alright. But today there was an envelope on my door and it said if I don't pay by the fifth I will forced to pay an aaditional 10%. My dues are $275. Plus $27.50 if not on time for $302.50. I am penniless at the end of the month and can't pay til my pension arrives. Do I have to be penalized for being a disabled widow on a fixed income that arrives on social security's schedule.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question, but I'm sorry for your trouble.

The only way to avoid the penalty is to file a written request with the board for a variance on the monthly dues deadline, and explain your situation. Usually, a board will make an exception if there is a legitimate reason for it.

However, if the board refuses, you can be filed the assessment. It's not really that you're being penalized for being disabled or because you're on a fixed income AS LONG AS the HOA applies the penalty to everyone equally.

IF the board refuses you, it may be that you could try to get ahead on your payments one month. Then, when you receive your money mid-month, you could go ahead and pay for the next month's dues - - so you'll be a few weeks early rather than being late. I know that may be a hardship for one month, but that's a possible solution IF the board turns you down.

However, going to the board and asking for a variance in the rules is the best place to start.
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