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Posted By JulieP3 Can my account with the AOAO be charged Legal Fees without notice, and without the Legal Fee Invoice.
JulieP3 Hawaii : This is not legal advice. You should hire a state-licensed, insured lawyer or paralegal to whom you can provide the essential missing details.
If you want to at least get an upfront grasp of what to look for, track down the applicable state law.
CHAPTER 514A CONDOMINIUM PROPERTY REGIMES
http://cca.hawaii.gov/pvl/files/2013/08/hrs514A-CPR-0715.pdf
( applies to your state's condo corps created by registration before July 1/06 )
ch 514B Condominium Property Act
http://cca.hawaii.gov/reb/files/2013/09/514B-CPR-WEB.pdf
(applies to other condo corps created on or after July 1/06 )
If your community is another type ( co-op ? non-statutory Building Scheme of cross-covenanting ? )you will have to find out and look for the correct one.
Ch 514 A :
Except for section 514A 15.1, at a glance Ch 514A is silent as to Owner Notices prior to formally demanding payments. BUT its 5141- 82 (7) and (18) contents empower bylaws that address collections & "penalties" including alleged violation "penalties". 514A 15.1 requires a 7 day prior Notice before unilaterally cross-directing payments to other headings like late fees.
Its 514A-94 legalizes imposition of collection, foreclosure and/or enforcement fees including "reasonable attorney's fees".
Ch 514B
ch 514B cites specific FINE-levying powers in 514B 104, requiring in (11) an enacted bylaw or requiring a Board-resolutioned process with Notice of right to appeal.
514(B)41 legalizes unit-specific surcharge assessments for alleged misconduct that increases conventional common expenses.
514B-157 is similar to 514A-94 above.
Both of these state laws outlaw withholding payments regardless of a beef like alleged lack of Notice, but deem payments to be 'non-prejudicial' and subject to an objector's filing for M&A mediation & arbitration.
Bottom line : find out which law applies, track down whatever Bylaws may provide about notice, and rely on licensed insured legal/paralegal advice ( this ain't it).
PS You may also want to check whether the owner's address for lawful service of owner Notice has/ has not been kept current. Failure to Notify may abridge timeliness of appeal etc, but is it a corporation's fault if an owner has not made sure that offsite address changes are submitted timely ?