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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116710
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I keep getting t with late charges, i send my home loan

Customer Question

i keep getting hit with late charges, i send my home loan statment the same time i send my home owners association due in , ive never received any late charges from my home loan,
and there in texas, i send my asso dues to phoenix arazona. how could i possible be late?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you can prove you are sending the payments in on time, then this is negligence of the HOA and you need to appeal the late fees. It is not your fault if they delay in processing them, it matters you mailed them in on time, which legally is considered in the mail at least 3 days before due date. It sounds like the HOA is running a scam though claiming they received them late. You need to send a letter to the HOA demanding they drop the late fees and explain that your lender in Texas receives payment on time and they are mailed the same time, so this is a problem with whoever is receiving the HOA dues, not with you paying late. Tell them if they refuse to waive the dues, you will be filing a complaint to the AZ Attorney General for investigation of unfair and deceptive practices and will pursue legal action against them for them fraudulently charging late fees when they are the one who is not properly posting the payments.
If they refuse to waive the fees or refund late fees you paid, then you need to file your complaint with the attorney general and if they cannot resolve the matter, you need to sue for a declaratory judgment for damages against them.