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Fl. Late fees

Started by PatR • 8 replies • 1927 views

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PatR (Florida)
Posts: 139
Posted:
Our docs clearly state that our HOA dues are due on the 1st of the month and considered late on the 15th. (due Oct 1) We have always sent 1st notice out on stating that late fees are now due. (after the 15th day)

We have a new property manager who has yet to sent out leters, and wants to change only charge late fees after Dec 1, due to "clerical errors".

I want to have the lawyer have a say in this, since, in the past account go to legal on the 45th day. People are now 60 + days late.

Can we arbitraraly change due dates? I think this is a bad idea. We can always waive late fees if someone shows that they paid on time, but some have already paid the late fees.

Thanks
Pat
SusanW1 (Michigan)
Posts: 5,202
Posted:
You said: "Our docs clearly state that our HOA dues are due on the 1st of the month and considered late on the 15th."

That just defines "due date" and "late date."

Do your DOCS spell out the late fees, billing, etc. PROCEDURES?

Are they written down anywhere?

As someone said, "If it ain't in writing, it doesn't exist."
PatR (Florida)
Posts: 139
Posted:
Procedures are defined in our docs and in the State Stats.

We have always followed it to the letter of the law. That is why I am concerned. The accountant for the property manager is not familiar with HOA's, since he is a CPA from the "outside" world. So he sees no problem with this. And the BOD is going along with it.

By this time, being 65 days late, we would have sent these accounts to legal 20 days ago. I am going to contact the attorney on Monday.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Pat,

The PM works for the board, not the other way around. If the board is instructing him to send late notices immediately after the 15th, this is what he should do. If he doesn't, then I would suggest asking for a new manager. The board should not change their procedure just to suit the PM! As long as your procedure is set up according to your docs, that is how it should be followed.
PatR (Florida)
Posts: 139
Posted:
Mary... that is exactly the problem, a BOD relying on a PM who is not advising correctly, causing us to go to the attorney and costing $$$...
SusannaM (Florida)
Posts: 366
Posted:
That's to show you that just because he/she passed the CPA exam this person would do the best job for your HOA.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By SusannaM on 12/07/2008 6:54 AM
That's to show you that just because he/she passed the CPA exam this person would do the best job for your HOA.

Susanna,

Sorry, but I'm not sure what you're saying!
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By PatR on 12/07/2008 6:38 AM
Mary... that is exactly the problem, a BOD relying on a PM who is not advising correctly, causing us to go to the attorney and costing $$$...

Pat,

If the board is having to engage the services of an attorney because the PM isn't doing her job properly (or as instructed by the board), why can't they see the error of their ways? If I were on the board I sure would be letting them know a thing or two!
EllenS1 (Florida)
Posts: 1,148
Posted:
It looks like your board needs to let the PM that they are not putting out correct information and you need them to correct it immediately. Also a good time to let the PM know they are working for you and not the other way around. It sounds like it may be a good time to look into other management companies.

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