Late Fees and other assessment charges

[elinka999]

What is the name of your state? MI

I live in a condominium complex for over 3 years now. 2 months ago I received a letter from condo management stating that I owe almost $1000 for interior remodeling plus for the increase in the association dues. Upon my phone call to the condo management I found out that almost one year ago everybody was notified of upcoming assessments and everybody was allowed to pay off the balance on monthly basis. In addition, one year ago the dues went up by about $20. However, I have NEVER SEEN any letters and was totally unaware of such assessments. When I spoke to the property manager, I was also told to write a letter to the board to state my case which is what I did. I informed them that I can only pay a certain amt per month since $1000 is a lot of money to payoff at once. In fact, I already started paying them off last month. However, several days ago I received some disturbing letters from collection agency as well as from their attorney. What is even worse is that the letter from the attorney shows all the breakdowns of the assessments and they are also asking me to pay almost $200 in late fees ($20 for each month that I missed). I am totally outraged that I have been backstabbed like this. Moreover, the letter states that if I don't pay off the total balance in 2 weeks, they will put a lien on my mortgage, and so on... As I told condo manager, I am willing to pay off my balance on a monthly basis but all the late fees must be waived since I had no prior knowledge of all these assessments. What rights do I have and what can happen if I go to court with this?. Please advice. Thank you

 

[HomeGuru]

What is the name of your state? MI

I live in a condominium complex for over 3 years now. 2 months ago I received a letter from condo management stating that I owe almost $1000 for interior remodeling plus for the increase in the association dues. Upon my phone call to the condo management I found out that almost one year ago everybody was notified of upcoming assessments and everybody was allowed to pay off the balance on monthly basis. In addition, one year ago the dues went up by about $20. However, I have NEVER SEEN any letters and was totally unaware of such assessments. When I spoke to the property manager, I was also told to write a letter to the board to state my case which is what I did. I informed them that I can only pay a certain amt per month since $1000 is a lot of money to payoff at once. In fact, I already started paying them off last month. However, several days ago I received some disturbing letters from collection agency as well as from their attorney. What is even worse is that the letter from the attorney shows all the breakdowns of the assessments and they are also asking me to pay almost $200 in late fees ($20 for each month that I missed). I am totally outraged that I have been backstabbed like this. Moreover, the letter states that if I don't pay off the total balance in 2 weeks, they will put a lien on my mortgage, and so on...



**A: correction: the lien goes on your property not on the mortgage. The mortgage is a lien itself.

*******
As I told condo manager, I am willing to pay off my balance on a monthly basis but all the late fees must be waived since I had no prior knowledge of all these assessments. What rights do I have and what can happen if I go to court with this?. Please advice. Thank you

**A: you would lose in court. If you attended any of the HOA meetings and talked other owners or the peopel on the Board, you would haveb known of the assessments. Non communication and non attendance and in-attention on your part to the goings on and to understand and keep up with the HOA events in YOUR responsibility.

 

[elinka999]

I don't believe it

So, what you are saying condo board can screw their co-owners any which way they can... there are no newsletters, not once did I get any invitations to any meetings. Several times I spoke with the board on other issues and nobody told me I had to babysit condo board. This is why we have mail service.

 

[HomeGuru]

So, what you are saying condo board can screw their co-owners any which way they can... there are no newsletters, not once did I get any invitations to any meetings. Several times I spoke with the board on other issues and nobody told me I had to babysit condo board. This is why we have mail service.

**A: I don't believe you. You expect us to follow your story that the HOA and the HOA Board (with or without the HOA property management company) did not follow the CC&R's by properly scheduling, notifying and conducting meetings, and not take minutes of such meetings involving important association issues such as the operating budget, house rules, reserves, building common area repairs, HOA bank accounts, special assesments etc? Are telling us that there were no notices mailed out and posted in the lobby of the condo building?
I bet the HOA can prove that proper notification was completed, a legal vote was held and you were never present at any of the meetings.
Your last 2 sentences proves your poor attitude.

 

[elinka999]

That is exactly what I am saying... there was nothing, no posts, no letters, no upcoming meeting notices.... absolutely NOTHING. I am not disputing that I owe money to the condominium and from a legal stand point they can charge me all the late fees... but speaking strictly from ethical viewpoint, they should wave all the late fees considering I have always paid my dues on time and comply to all of their rules even though some of my neighbors don't.

 

[HomeGuru]

That is exactly what I am saying... there was nothing, no posts, no letters, no upcoming meeting notices.... absolutely NOTHING. I am not disputing that I owe money to the condominium and from a legal stand point they can charge me all the late fees... but speaking strictly from ethical viewpoint, they should wave all the late fees considering I have always paid my dues on time and comply to all of their rules even though some of my neighbors don't.

**A: if you paid all your dues on time, there would not be any late fees.
End of discussion.