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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31764
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was wondering if you can tell me if a neighborhood pool

Customer Question

I was wondering if you can tell me if a neighborhood pool association can charge a 20% late fee on club dues with no mention of a due date or any late fees in the association bylaws. Our association is a non-profit corporation in the state of Wisconsin. They sent out an email this year saying if you don't pay the dues by 5/5/15 you have to pay an extra 20%. Again none of which is stated in the bylaws.

Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.
If there is no bylaw or amendment to the bylaws or resolution by the board, then it doesn't seem possible that it would have authority to charge any late fee that isn't voted on and passed by the association.
The best thing here would be for you to request authority from the board to charge the fee and see what documentation or proof you receive. If they have none, it would not seem likely that it has authority to enforce such a rule.