WORLD Law Direct Forums  





Go Back   WORLD Law Direct Forums > Real Estate & Property Law > Other Real Estate Law Matters > Condos & Co-Ops
REGISTER FAQ SEARCH Today's Posts Mark Forums Read
Personal Lawyer Legal Forms Calendar

Condos & Co-Ops All matters concerning condos and co-ops.

Condo Owners Board Charging Extra Fees

Consult Your Own Personal Lawyer Now!
Reply
AddThis Feed Button
 
Thread Tools Search this Thread Rate Thread Display Modes
Old 05-14-2007, 03:47 AM     #1
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Question 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!
  Reply With Quote
Sponsored Links
Top crime attorneys
Old 05-14-2007, 04:23 PM     #2
Top Level Member
 
Law200's Avatar
 
Last Online:
11-16-2008 04:36 PM
Join Date: Feb 2007
Posts: 303

Default Re: Condo Owners Board Charging Extra Fees

No--take them to small claims if need be.
Law200 is offline   Reply With Quote
Old 05-20-2007, 02:17 AM     #3
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Confused Re: Condo Owners Board Charging Extra Fees

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

Thank You!
  Reply With Quote
Old 05-22-2007, 02:16 PM     #4
Top Level Member
 
msgny's Avatar
 
Last Online:
04-06-2008 12:33 PM
Join Date: Mar 2007
Posts: 233

Default Re: Condo Owners Board Charging Extra Fees

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.
msgny is offline   Reply With Quote
Old 06-22-2007, 12:25 AM     #5
Csmith
 
Csmith's Avatar
 
Posts: n/a

Default Re: Condo Owners Board Charging Extra Fees

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
  Reply With Quote
Old 06-23-2007, 12:42 PM     #6
Top Level Member
 
randalljd's Avatar
 
Last Online:
07-11-2008 12:49 PM
Join Date: Mar 2007
Posts: 694

Default Re: Condo Owners Board Charging Extra Fees

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,
randalljd is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Add Forum to Google Toolbar | Format Your Messages

Posting Rules

Similar Threads
Thread Thread Starter Forum Replies Last Post
Charging after using security deposit/fees Unregistered Landlord vs Tenant Issues 11 10-26-2008 04:48 PM
Landlord charging storage fees Unregistered Landlord vs Tenant Issues 1 07-21-2008 08:53 PM
Condo Board Election Unregistered Condos & Co-Ops 3 02-16-2008 10:48 AM
HOA Charging extra fees. davidmiller3333 Other Real Estate Law Matters 1 09-09-2007 11:09 AM
Apartment to Condo conversion, new building owners, disputes with county, oh my! Raydar Buying & Selling Property 1 07-30-2007 10:22 AM


All times are GMT -5. The time now is 07:56 PM.


Top crime attorneys

Subscribe

Use of the Forums is subject to our Disclaimer which prohibits unapproved advertisements, solicitations or other commercial messages, and false, harassing or abusive statements. All postings reflect the views of the author but become the property of WORLD Law Direct.

Questions and information submitted in the Forums are assumed inquiries for general information and not legal advice.

Copyright 2000-2008 by WORLDLawDirect.com, Inc.