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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 32818
Experience:  12+ yrs. of experience including real estate law.
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Can a HOA keep charging a late fee from a previous month of

Customer Question

Can a HOA keep charging a late fee from a previous month of dues. So we were late one month, and were charged a late fee. The next month we paid on time, but were still charged a late fee, on top of the late fee for the previous month. Our dues are $230 a month, and when I paid $320 a month to try and catch up. They have sent us a statement saying we owe, $1356.00 and yes, we are charged a late fee for every month as from the time we were late, we did not pay that in full. We have also been in a chapter 13 for the past two and a half years. Can they just keep charging a late fee on top of a late fee?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 6 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma.

First, and foremost, they can ONLY charge a late fee IF the bylaws (the rules that govern your HOA) permit it. So the first step is to review the bylaws to see what they can charge in terms of a late fee.

That said, if the bylaws allow them impose a late fee? State law allows them to impose the fee...and they can continue to impose the fee so long as the account is overdue. So they could charge month over month (again, assuming the bylaws allow a late fee in the first place)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 6 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding

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