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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30897
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can a condo assoc go from charging late fees monthly to daily?

Resolved Question:

Can a condo assoc go from charging late fees monthly to daily? The late fee here had been $25 monthly, it then changed to daily. Is this legal? This change was not voted on by unit owners, much of the thing they do here is done without unit owner knowledge.
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Roger replied 4 years ago.

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.


It is legal for the condo association to charge this fee, but whether or not it enacted the change under the bylaws is something you would have to check on by reviewing the bylaws and resolutions passed by the association.


If the association followed the bylaws in changing this rule, it is legal. Often, the association has the right to make changes to fines and penalties without putting the matter to a vote.


However, all of this simply depends on what the rules say.

Customer: replied 4 years ago.
the by laws here state a monthly fee of $25 shall be charged. some owners have asked for new changes to the bylaws, but they have been stalled. i thought we had to at least be notified of changes.
Expert:  Roger replied 4 years ago.

Yes, you would be entitled to notice of the change, and you're also entitled to see proof that the bylaws were changed through the proper procedure.


If the association will not cooperate with the requests and changed the provision without any notice, it sounds like the board may not have followed the proper procedure, and if so, the change would not be legal.


I would recommend that you and the other members seek the help of a local real estate attorney if the board continues to evade your questions and refuses to provide proof of compliance with the rules.

Customer: replied 4 years ago.
Moving here has been one of the worst experiences of my life. I am trying to trying to do a short sale, but what is making this so difficult not just the economy but the fact that FHA will not give loans to anyone buying in here. So I am having trouble doing that and one of the reasons is that the Assoc will not get some insurance a condo is suppose to have. I now have to find a lawyer to help me with my situation. Thank you for the advice.
Expert:  Roger replied 4 years ago.
It sounds like your association is not being honest and open with its dealings. Your best course is to call its hand and force the association to prove it has taken the proper and correct steps in this matter.
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