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Rod27J (Florida)
Posts: 2
Posted:
In Florida the HOA statutes don't mention if a notice must be given for late fee for late quarterly maintenance. Can someone clarify? How must notice be given and in what time period?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Do your governing documents specify penalties for late payments?
MikeR15 (Massachusetts)
Posts: 389
Posted:
Rod,

Welcome to the wonderful world of HOAs!

Basicly the HOA board can do whatever the hell it likes...and your only recouse is to funnel your savings and equity in your

home to the HOA attorney...because your only recourse to ANYTHING they do, legal or not....is to spend years in court with

with the now giddy HOA attorney who....win, lose or draw....ALWAYS WINS.

The REAL problem is that these low lifes are busy in the State House lobbying for the status quo of meanless regulation,

zero oversight

and MOST emportant...no enforcement of the few laws that do exist to protect homeowners.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Rod, welcome to the forum. Tim almost always gives good, thoughtful, positive advice. MikeR15, though, has made it his life's work to whine about HOAs. Take his screeds with a huge grain of salt
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Late fees are a funny little situation. They are not quite considered "Fines". It is more of a "penalty". That is why if dues are not paid, late fees can be added to the total amount owed plus legally allowed interest rate. You need to check with your state on the legal amount of interest and the maximum for late payments. Our documents state the late fee and interest in them like Tim stated. Otherwise it is up to the STATE laws. It falls kind of under "loan sharking" laws if your going to google it.

I usually take my leads from credit card/banks on how they collect money. They can charge a return check fee of usually around $28 - $35. There is a legally set mount and you can see that amount on every cash register. That amount is typically the max amount and may be the best gauge on how high to set your late fees. It is not 100% accurate I am sure, but it should give you some guidelines and direction.

Former HOA President
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
If the state has no status on notifying you of a late fee, and the HOA has no rules on notifying you of a late fee, they don't need to notify you of a late fee. You are late and owe the fee if you pay after the expected date. Pay your bills on time. (wink)

PS. I setup long term bill notices in Google Calendar and it will SMS text and email me as a reminder, even if its next year. I also use online bill pay at my bank to setup checks to be mailed far into the future, so I don't have to worry about it.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
You need to check with your state on the legal amount of interest and the maximum for late payments.


A good way to increase the fee to cause the maximum amount of pain so people pay on time is to use every legal fee you can and break it down.

Late fee $25
Finance Charge $8
Doc prep fee $30
Postage and Handling $10
---------------------------
Total fee for being late = $73
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I am to lazy to look at our docs but we have some limit on a late fee but we have no limit also collecting the expenses it costs us to collect, including attorney fees.

Steve has it right, but add another $200 for an attorney to write the letter, and I bill $75 per hour for running errands like going to the post office for and HOA...LOL

More then one way to skin a cat.
GlenL (Ohio)
Posts: 5,491
Posted:
I don't know how others do it but right on our coupon books it says amount due on the 1st $X - amount due after the 15th $XX.

Studies show that 5 out of 4 people have problems with fractions
MikeR15 (Massachusetts)
Posts: 389
Posted:
My BOD tried to charge ridiculous fees for an invented charge once.

I (publicly) told them to pound sand on both counts.

We wound up firing the Association Manager, whose sole job seemed to be being the asshole front man for the cowards

attempting to attack homeowners.

Worked pretty well too!

They (the BOD) still go off the reservation occasionaly, but they know that someone in the community (guess who?)

will publicly upbraid them every time.

As their egos are the most fragile componant of their personalities, and this is a VERY effective means of controling their

behavior.

MikeR15 (Massachusetts)
Posts: 389
Posted:
In a particularly disgusting instance...

Our BOD ripped off my 92 year old neighbor.

I named names in the regional newspaper.

Of course I got a letter threatening libel from the Association attorney (another guy right up there with the

association manager)

Unfortunately for them, I had documented the whole thing in quite a bit of detail. The BOD's conduct fit the definition of

"rip off" to a tee.

To a 92 year old man!

Needless to say, no libel suit appeared.

Although I must say, if they thought I couldn't deal with a baseless lawsuit, they probably would have filed one anyway!

Association attorneys LIVE for this crap!

And there is no shortage of idiots shoveling OUR money into their pockets!

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yeah, we have to remember that because of Mike's lawsuits he keeps losing, he's taking money out of this 92 year old man's pocket. I am sure the fact that the HOA has to raise dues or have a special assessment to pay for Mike's tirades really makes this guys retirement or Social Security checks stretch... See there are more than one way to rip off a 92 year old. Sometimes it is by our own actions... Which here is pretty obvious the only protection you provided this man, was protecting your own ego not the man involved. It seems you would rather keep your neighbors paying for that than actually running/operating the HOA.

Former HOA President
MikeR15 (Massachusetts)
Posts: 389
Posted:
No Melisa,

The sweet old guy passed away. You volunteer for Habitat? That is wonderful!

JM10 (California)
Posts: 503
Posted:
Quote:
Posted By Rod27J on 07/18/2013 5:03 PM
In Florida the HOA statutes don't mention if a notice must be given for late fee for late quarterly maintenance. Can someone clarify? How must notice be given and in what time period?

Hi, Rod:

Look in first in your CC&R. See if it says something about penalties for assessments. There is probably a whole section about the monthly HOA fees/dues/assessments or however you CC&R chooses to call them. Fines are usually different than late penalties for assessments, but you'll have to check your CC&R/bylaws.

There might be something about notification there.

Otherwise, look at your HOA CC&R about notification or delivery of documents. From there you might have required formats.

By looking at these two things, you'll have an idea of what you should do and the vocabulary words you can use to do a search of state legislature/civil code.

Typically, the state codes will have a qualifying statement like unless the CC&R/bylaws provides for more. For example, the state of California required four-day notification. Our former HOA CC&R required 10. For that reason, the ten is required. So California state codes supports at least 4, but since our CC&R require 10, the ten is mandatory.

Further, the state might be more current and allow certain documents to be delivered by email. Your CC&R may not. For example, again in California, meeting notification can be electronically delivered with agenda, but hearing notification must be delivered by first-class mail or personal delivery.

I hope this helps.

Rod27J (Florida)
Posts: 2
Posted:
Thx to all.....obviously a heated topic. But the real life story was even more heated. The whole story goes that I received a late notice email and threatening of lien for a quarterly payment that was a not received on the day due. I told him to go fuck himself for threatening to file a lien when I have never been late in 9 years. Turns out the property manager had not checked mail in a couple of days and it was there. He obviously wasnt happy I went off on him, so he threatened to charge it as late even if it was one day late. I asked my HOA president to waive it and he did. He also will probably change policy so that notices of lien and foreclosure aren't started so "abruptly and inconsiderately".
MikeR15 (Massachusetts)
Posts: 389
Posted:
Rod,

Isn't it a blast that your entire interest in your property can be threatened by a fricking late letter?

Do you feel violated by this carnival con artist trick?

Does it "protect your property value" to be able to lose your property so easily?

Of course not! This power to "fine" needs to be stripped away from these organizations, with as much pain and humiliation as

possible.

Kind of like ripping duct tape off the face of some terrorist prisoner.

I am suing my HOA here in MA for just this reason, lets see what our wonderful courts here do about it!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By Rod27J on 07/27/2013 7:23 PM

The whole story goes that I received a late notice email and threatening of lien for a quarterly payment that was a not received on the day due. I told him to go fuck himself for threatening to file a lien when I have never been late in 9 years. Turns out the property manager had not checked mail in a couple of days and it was there.

Rod,

Thank you for the update.

Even though I agree with your sentiment you can see how one defensive posturing can lead to another and blow things way out of proportion. Often the problem is the tone communications rather than the communications themselves.

You may want to contact your Association board and suggest using the following paragraph we use in our Associations first letter of a missed payment:

There are many reasons why your account balance could be incorrect, including an error on our part. We ask that you please check your records to determine if you have made the payment. If your records do indicate that you have paid these assessments, please contact me and arrange to provide a copy of proof of payment.

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