Condo Owners Board Charging Extra Fees

My friend has a small, modest, studio condo in Hawaii. There is an Owners Association and CC&R's (Bylaws). My friend pays monthly maintenance payments to the Association. She mails her payment from Ohio and once in a blue moon it may arrive after the 15 day grace period, for which there is a $50 late fee. They send a very odd and confusing statement each month, so she didn't notice one late fee. When she discovered it, they had charged an additional $50 every month despite the fact that her following payments were all on time (as recorded by them).

She knows the Bylaws state 'ONLY that a fee is charged after 15 days, and nothing at all concerning an unpaid late fee, nor any interest charge on anything late.
The first late fee incurred is NOT subtracted from the normal monthly payment making future ones late. (HI law does not allow it)

She wants to know if a Home Owners Association can charge fees that are clearly NOT stated in the bylaws?

She also thinks that a $50 charge on an unpaid $50 is extreme. Then a $50 charge on an unpaid $100 is also extreme. She thinks that being that high, may be illegal. Is it?

Please let her know which laws may help her!

[Law200]

No--take them to small claims if need be.

I would appreciate you or anyone writing some legal details that can help her.

Thank You!

[msgny]

She can argue just that--that the fees are unreasonable and that she never agreed to them. It is likely the board will compromise with her.

I am in New York City. When a condo Board provide incorrect or misleading book keeping to owner, what action can be taken by the unit owners? If the owners quarter statements show that check payments were ommitted and fees were excessive, what actions can be taken against the Board?

Thanks
Chris

[randalljd]

They can be sued in small claims or other court. It is best to document it thoroughly first however and discuss with them as 90% of the time that will resolve it,