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Question

The usury limit is 18% in Florida. If I have a balance due at the end of the first month and 18% interest is added to that balance, is the creditor allowed to charge 18% on the unpaid balance at the end of the second month, which includes interest from the first month?

Submitted: 17 days and 22 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: Florida

Already Tried:
google search for compounding interest in florida

Posted by DCrane 17 days and 22 hours ago.

Info Request

what type of debt is it?

17 days and 22 hours ago.

Reply

Condominium quarterly maintenance fee assessment

Posted by DCrane 17 days and 22 hours ago.

Answer

The usury law applies to loans or financing agreements, it appears the condo association is imposing a late fee which does not fall under the 18% restriction. Rather the law on late fees in Florida is that they must bear some reasonable semblance to the party's actual costs when you pay late.

17 days and 22 hours ago.

Reply

FL statute 718.11 specifies that 18% interest can be charged on unpaid assessment, until paid. The issue is whether the 18% can be charged on the outstanding balance from the prior month (compounding) or whether only simple interest can be charged on the original assessment?

Posted by DCrane 17 days and 22 hours ago.

Answer

Here is the law: 718.116(c)

 

"Assessments and installments on them which are not paid when due bear interest at the rate provided in the declaration, from the due date until paid. This rate may not exceed the rate allowed by law, and, if no rate is provided in the declaration, interest shall accrue at the rate of 18 percent per year. Also, if the declaration or bylaws so provide, the association may charge an administrative late fee in addition to such interest, in an amount not to exceed the greater of $25 or 5 percent of each installment of the assessment for each delinquent installment that the payment is late. Any payment received by an association shall be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney's fees incurred in collection, and then to the delinquent assessment. The foregoing shall be applicable notwithstanding any restrictive endorsement, designation, or instruction placed on or accompanying a payment. A late fee shall not be subject to the provisions in chapter 687 or s. 718.303(3). "

 

I am still searching for authority on the compunding interest and will be back with you shortly.

17 days and 22 hours ago.

Reply

Yes, please verify the compounding as this is the crux of the matter.

Accepted Answer

Here is the law: 720.3085 Payment for assessments; lien claims. Assessments and installments on assessments that are not paid when due bear interest from the due date until paid at the rate provided in the declaration of covenants or the bylaws of the association, which rate may not exceed the rate allowed by law. If no rate is provided in the declaration or bylaws, interest accrues at the rate of 18 percent per year. (http://www.flsenate.gov/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0720/SEC3085.HTM&Title=-%3E2009-%3ECh0720-%3ESection%203085)

 

 

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 
Answered: 11/6/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

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