I received a letter via regular mail that I owe $160 in late fees, this is for 4 months. I do not feel that I owe this amount because I did not receive anything in the mail until this letter in question. If I would have, I would have called to inquire about it and I would have paid the $40 instead waiting until it reached $160! What can I do about this, I've requested a meeting with the board. Can someone contact me to discuss in further detail, thank you!
Construction / Development Lawyer
Chapters 81 and 82 of the Texas Property Code govern condominiums. Under Texas Property Code section 82.114, you can request records of the condominium association, including, without limitation, detailed financial and management and record keeping records. So, using section 82.114, you can request to see the records of mailings to you of previous assessments for maintenance or homeowner's association fees or dues. You can also see if the association has conspired to induce the accrual of late fees for lots of unit owners.
However, the association fees are probably routinely due and collected, and the $40 charged would probably be no surprise to you since the association has an obligation to provide the association bylaws to all unit owners. You probably received the bylaws with notice of fee and dues assessments when you purchased the unit.
Keep in mind that if you fail to pay the assessment, the association can levy the fee and any late fees against the unit under Texas Property Code section 82.113, and if still not paid, can arrange for a foreclosure sale of the unit. You would then have a right to redeem your unit, but would face additional charges for attorney's fees.
For an extra $120, the fight would not seem to be worth it.
You can review Chapter 82 of the Texas Property Code at the following web link:
Since you are in the Dallas area, you may wish to take advantage of my free hour of consultation for new clients. If you make an appointment, please bring copies of your pertinent paperwork.
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