Late Fee Assessments

[dff2]

What is the name of your state? Connecticut
I fell behind in my condo fees back in 2006. I had to send payment in full due to the property manager's attorney, which I did, by August 31, 2006. The past due payment was cashed by the attorney and cleared by by my bank on September 13, 2006. The payment was not posted to my condo account until October 4, 2006. I am being charged $30.00 in late fees for September 2006 by the property management company (late fee posted September 15, 2006). I don't feel I should have to pay the fees since I sent in my full payment, as requested, to the attorney rather than to the property management company by the deadline of August 31, 2006. Am I still obligated to pay the September late fees if the payment wasn't processed and posted by my property management firm until Octoboer 4, 2006? Your respond is greatly appreciated.

 

[JETX]

Am I still obligated to pay the September late fees if the payment wasn't processed and posted by my property management firm until Octoboer 4, 2006?

If the 'rules' were to pay to the association (and not their attorney) and you failed to follow the rules... then yes, you are liable for the late fees.

 

[dff2]

Jetx - I was instructed to pay the attorney directly, not send the payment to the property management company. There were additional fees due to the attorney. Would this make a difference as to whether or not I owe the late fees?

 

[JETX]

Jetx - I was instructed to pay the attorney directly, not send the payment to the property management company. There were additional fees due to the attorney. Would this make a difference as to whether or not I owe the late fees?

Though it could be an arguable point, it is more than likely you were told to pay the OVERDUE fees to the attorney... not the current fees.

 

[Paddy Reagan]

If you were instructed to send your payment to the attorney (standard practice in these circumstances) and you did so in a timely manner, you shouldn't be penalized. Copy your payment check, front and back, so that the date of deposit to the attorney's trust account is visible. Send this with a letter of explanation to the property manager and ask that the late charge be removed from your account.

There's no guarantee that this move will be successful. But, because the attorney was acting as a collection agent for the association, the timely trust account deposit should qualify as an on time payment of your maintenance fee.