If cc&r's read 10% late fee on accrued balance. is it legal for the board to impose this on past due hoa fees in calif

Asked over 2 years ago - Castro Valley, CA

resident was 8 months past due and charges were $25, or 10% whichever is larger

Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . It is most likely legal pursuant to Civil Code ยง1366.1. The reason I say most likely is because the late fees could be challenged if the monthly assessments for this particular HOA is extraordinarily high (such as over $1,000 per month), then 10% might be considered excessive if the HOA's actual costs for collection are not that much.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Charging a reasonable late fee is generally okay.

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