Can an HOA in TX charge 3 seperate charges for being late. a late charge, late interest charge and collection fee simultaneously

Asked about 2 years ago - Austin, TX

My HOA recently switched HOA management companies. the process was not smooth and during the first two months no one knew who or where to send payments. I had to go online and make a payment so I wouldnt be late last time. This month after my last payment they switched online companies and I still had not recieved my payment booklet. My password and userid would not work and I later found out from someone at the office that I had to set up a whole new account. I was late on my payment and am being charged 25.00 late fee, .54 cents late interest and a 15.00 collection fee. My thoughts I should be charged something for being late but I think this is excessisive. These fees are not intended to punish but intended to make the company whole like I was never late.

Attorney answers (1)

  1. Marion W. Cain

    Contributor Level 11

    Answered . You need to read the bylaws of your HOA. They control all aspects of the home owner's rights , responsibilities and duties. The new HOA management company is functioning under its contract with the HOA . Should anything in that contract be contrary to the HOA bylaws currently in effect, the bylaws are primary and control. If you do not still have your copy of the bylaws, or wish to review the contract with the new management company, contact the secretary of you HOA

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