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Multiple late fees assessed on single late payment - NYS

New York, NY |
Filed under: HOA fees

A NY condo association issued a special assessment of approximately $100 per month for repairs. As the result of a single late payment, a $25 late fee was assessed. Unaware, the unit owner continued timely to pay the assessment amount for the next few months and then paid the $25 fee after noticing it. However, for failing to pay the initial late fee sooner, the owner was assessed six additional late fees. Efforts to obtain documentation authorizing charging multiple late fees in a row for failure to pay a late fee have failed, and the association is claiming that its authority to do this dervives from its general authority to make rules and regulations for the conduct of the condominium. Is this sufficient or does there need to be a written late fee policy in NY?

Attorney Answers 1

Posted

The association clearly has authority to charge such late fees. Assuming that the condo sends monthly bills, it is hard to comprehend how the owner cold miss this.

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