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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4198
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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I missed HOA dues of 200 as I was out of my house because of

Customer Question

I missed HOA dues of 200 as I was out of my house because of a flood and now they want me to pay 900 for it. This is a rental property and I stay in a different state, I have told HOA to contact via email instead of mail, but they only sent that I was late via mail, which I missed as I was not staying at my mailing address because of a flood at my house. I am willing to pay a fine for my missed payment, but not 900 for a 200 missed payment. Do I have options?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 4 months ago.

Hello, I am happy to assist you today.

Sorry to hear about your situation. It does sound like a very high late fee. They do have to prove to you that you owe this fee. Is this something that you have in writing?

I also agree with you that they should be able to inform you if you are late by email, but I think they do have to also send it by mail just to make it legal.

I think you should talk to them and find out exactly how and why they are charging you so much, first of all. It makes no sense that you would owe $900 for missing a $200 payment. That would not be reasonable. So get the actual language that says that. I bet it doesn't exist and they are just harassing you.

Then, if it doesn't exist, find out what the actual late fee is supposed to be, and then I would pay the 200 plus that late fee. You shouldn't have to pay if that isn't a legitimate fee.

If for some reason that fee is actually on the books, I still think you can fight it because it's not reasonable. I would make a good faith offer. Maybe $50 additional or even $25. That should be sufficient.

Please let me know if you have any questions about this.

Thanks

Kim

Customer: replied 4 months ago.

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