Request to Waive Assessment Late Fee

Hello,
My HOA had an assessment of $2,500 last year if paid by August 1st. If you paid after the August 1st date you would bet on a payment plan for $3,000 - this would be paid $500 for 6 months. I paid my assessment after the August 1st date. Before I paid I sent an email asking if I can pay the $2,500 and be considered paid in full. The property manager said they would take it to the board. The next message I got was the board has approved to waive late fees. Now they are saying they don't have a record fo the approval and deny my request. I have a meeting with the board this week. Can anyone help me with an angle? I have asked for the payment ledger that shows the units with dates payment was made for the assessment. I know of at least one unit that paid after the August 1st date and they only paid $2,500. I am unproblematic and have never asked to have fees waived, I have owned for 23 years and up to date on my HOA payments, this is my first time contacted the HOA as I never have a reason to contact.

I am looking for someone with experience on what I can say or use as a way to have them waive the fee. There is no way they could have misread my original request so I do not know why they are retracting the approval.

You said you sent an email. Do you still have it? If so what did it say?

Obviously you have the proof, as you posted it for us to read.

Provide a copy of that at the meeting.

Specify you don't know why the Board doesn't have a record of the approval but are happy to provide a copy of the approval you received from their agent. Perhaps it was done between meetings and the issue simply didn't come up at the following board meeting to be recorded in the minutes.

Thanks. I just really find it odd that the management company responded as it was approved and in the same conversation thread said they don’t have a record.

ElaineT2,

-- You attached copies of the email exchange. Are these emails still on your server? If so, take care not to delete them.

-- Be aware that California requires Internal Dispute Resolution for HOAs and COAs. More info appears at https://www.davis-stirling.com/HOME/I/Internal-Dispute-Resolution.

-- At the IDR hearing, produce copies of the emails. State that the emails are still on your server. Stay polite and calm. Be all about the facts.

-- If possible, post back here with the outcome and possibly to obtain more suggestions.

$500.00 late fee seems overly excessive, is that even legal?

You have all your ducks in a row. I would send the board and the PM a certified letter with copies of your communications. I would go as far as to send a complaint to you Ombudsman
that deals with HOA complaints. This is a easy no brainer fix, unfortunately power hungry folks desire a urine match instead of taking the easy road.

Yes $500. If they changed their mind is one thing but to say they have no record is what’s boggling my mind.

I didn’t mention that the unexpected assessment was issued July 1, 2021 and due August 1, 2021. This shows you what type of board I’m dealing with.

The reserves have always been low or nonexistent due to some homeowners not paying for years. Their hands were not tied as the items they wanted to pay were old and really didn’t warrant such a short notice. When they first sent out the notice they didn’t send the reason for the assessment, we had to ask. This is another example of the type of people that I am dealing with, I don’t know why they thought this was ok.

With HOA approving to waive the late fee should it be across the board to all homeowners?
One of the neighbors said that she paid her assessment late without pre-approval and was only responsible for paying $2,500. We both are long time owners and up to date on our dues.

From experience, it is not the Board denying the request, but the management company themselves. The $500.00 is not a late fee but the terms of a payment plan. Any ethical management company would waive any additional fees and say thank you for the $2500.00!