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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have been charged with a late payment on my HOA dues which

Customer Question

Hi,
JA: Hello. How can we help?
Customer: I have been charged with a late payment on my HOA dues which is ok. But I see now there is an interest charge and admin charge added to the late fee. Is that legal?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: pc is slow sorry
JA: Has any paperwork been filed?
Customer: South Carolina Myrtle Beach
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's it
Submitted: 26 days ago.
Category: Real Estate Law
Expert:  Barrister replied 26 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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But I see now there is an interest charge and admin charge added to the late fee. Is that legal?

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This would be controlled by your Bylaws with regard to how they can treat and handle late payments. The Bylaws are the governing documents that control how the HOA operates and what the Board can and can't do. So if they say that the Board can charge those types of fees, then each individual homeowner would have agreed to those terms when they bought into the neighborhood.

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So the only way to know for sure is to review your Bylaws and see what their policies and procedures allow..

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thanks

Barrister

Customer: replied 26 days ago.
Thank you. My concern was that in 10 years the HOA has never added interest and Admin fees to a late charge. They have changed the Property management company in the last 2 months, but there was no mention of change in fees. There were no addendums/amendments as far as I know to the Bylaws.
Thank you.Brenda
Expert:  Barrister replied 26 days ago.

Ok, that does sound strange and either 1. it isn't allowed, or 2. it is, but they never bothered to do so in the past. So you need to review the Bylaws to see which one it is.

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thanks

Barrister

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