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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7415
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I fell behind in HOA payments due to divorce (hubby was supposed

Customer Question

I fell behind in HOA payments due to divorce (hubby was supposed to be paying but wasn't and I found out a year later). Property is in South Carolina. I've been making good faith effort to pay amount in arrears. Monthly payment is ~$350 and I've been paying $1,000 per month. Asked for statement to check balance and found that they are charging monthly late fees in excess of $250. Can't find anything in HOA agreement that stipulates late fee penalties or percentages...does this seem excessive?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Irwin Law replied 2 years ago.
It doesn't just seem excessive. It is excessive. It is in fact a penalty, which most courts will not enforce in situations like yours. I think your HOA is in need of a strongly worded letter from your attorney demanding a recomputation of your arrearage based upon what you have paid in so far.