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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118634
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We own a condo in Glenleaf subdivision (no mortgages). We

Customer Question

We own a condo in Glenleaf subdivision (no mortgages). We had a water damage inside the apartment that was responsability of association that cause damage to all wall in the kitchen and also to the new wood floor. The association took so much time to fix that, my grandson get neumonia, so we stop to do payment to the association until they fix the problem. Damage ocurre in March 2015, them when they finish the wall we pay the total amount of association until that time, but they did not fixed the floor. So i asked them to fixing the floor, but they took time in between yes or not, anyway after another 6 months they give us a check for not even the amount necesary to put carpet (our floor was new wood floor), so after that i said to my son, just pay off the balance and I call the association for pay off. They send me the pay off dated April 14/2016 for US$1,950.18 with lates fee and interest. I send an Email asking them that in my number was supposed to be 1.750,00 with late fees and interest and then a lawyer?? respond to me en an email telling me that because of my questions about the balance he (the lawyer) received my email from the administrator asking him if he want to take care of that case?? What is that?? We are in hand of administrators discriminatory decisions on condominiums? They took 1 complete year to fix something that was their responsibility to fix putting us the floor that we had before the damages of water? an even with that we were paying all fees at the same time that they were responding to us....
I paid on April 16 the US$1.950.18 that I received on the April the 14th (in the same month), my son paid his May fees on time (before the 5th of the month) and now I am receiving a letter from that lawyer or agency telling me we won 961.24??
Could you please tell me if that is legal?
I have the statement received in April 14 with the balance to send copy to you.
I have copy of my email 2 days before calling and asking for balance.
I have copies of my email asking to fix problems with wall and floor.
What are my right?
I am in hand of discriminatory administrators (glenleaf condominius administrator)?
I have copie of the email that the lawyer sent to me, telling me that he received that email from the administrator, asking him if they want to take care of me?
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.
You need to start by reviewing your condo association bylaws regarding the fees they can charge you for delinquent payments. A condo association can charge an owner administrative fees and legal fees for cost of collection of delinquent payments. So the association can indeed charge you for the late payments for any legal fees or collection fees for having to collect those payments. That is not unlawful.
HOWEVER, if you were withholding payments because the association was refusing to do repair work they were liable to do within a timely manner, you have grounds to sue the association to seek return of any late fees or attorney/collection fees when you withheld the money based on them refusing to do the work in a timely manner.
So at this point, if they are seeking money for the late payments and attorney's fees, you now need to sue them for breach of contract for failure to make timely necessary repairs mandated under your association bylaws/covenants and seek to get a judgment against them for return of at least the attorney's fees and late fees incurred from you holding back the money because they breached the contract with you when they did not make the repairs in a timely manner.