SidneyP (Florida)
Posts: 302
Posts: 302
Posted:
At the Annual meeting March 31/08...the Board and MC decided to charge a late fee (this is something that had never been done) Since this MC took over on Oct 15th/07 they have never even charged a late fee to our 14 delinquents (some over 2 years old) So at this meeting it was agreed that they would now charge the late fee and the interest (interest had been charged by the last two MC's) The PM ask the President is she wanted that retro active back to Jan...the Presidents reply was "yes".
Well,the PM sent out new invoices to all HO's that had been late in Jan. but some had paid in full in Feb. The invoice went out sometime after the Mar31st meeting. So now they got this invoice that states they owe the $25. late fee and a $6.25 interest fee, $31.25. One HO called my house and caught my poor husband and raised cane about this fee(I was not home)...she insisted they could not do this since the decision for the late fee was after she had paid in full....I most certainly agree w/her. Are we right.
Mind you, I was not on the Board at this time, I was voted in at the close of this meeting after the decision was already agreed on....I had been pushing for a late fee to be added for two years but I also told the Board that a letter would have to be sent to the HO's telling them of this addition to the collection policy. I even sent a copy of a letter I had received from the HOA I live in informing the HO's of a added late fee and how much (this needed to go out w/the dec.invoice for the Jan1st fee....But they did this just exactly how they had done the increase in dues 06..HO's were never notified that this increase was coming...HO's just received a invoice showing only the new fee (a10% increase. And even that was received only 2 weeks before due date (CC&R's state at least a 30 day written notice)
So my question to you is, can the Board/MC do this?...I have heard some HO's have sent these extra fees in and others are on the war path...What can be done now? It would not be fair to take from some HO's and forgive those who are protesting.
Well,the PM sent out new invoices to all HO's that had been late in Jan. but some had paid in full in Feb. The invoice went out sometime after the Mar31st meeting. So now they got this invoice that states they owe the $25. late fee and a $6.25 interest fee, $31.25. One HO called my house and caught my poor husband and raised cane about this fee(I was not home)...she insisted they could not do this since the decision for the late fee was after she had paid in full....I most certainly agree w/her. Are we right.
Mind you, I was not on the Board at this time, I was voted in at the close of this meeting after the decision was already agreed on....I had been pushing for a late fee to be added for two years but I also told the Board that a letter would have to be sent to the HO's telling them of this addition to the collection policy. I even sent a copy of a letter I had received from the HOA I live in informing the HO's of a added late fee and how much (this needed to go out w/the dec.invoice for the Jan1st fee....But they did this just exactly how they had done the increase in dues 06..HO's were never notified that this increase was coming...HO's just received a invoice showing only the new fee (a10% increase. And even that was received only 2 weeks before due date (CC&R's state at least a 30 day written notice)
So my question to you is, can the Board/MC do this?...I have heard some HO's have sent these extra fees in and others are on the war path...What can be done now? It would not be fair to take from some HO's and forgive those who are protesting.