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My Condo association is billing my account fee's and not notifying me of what the charges are. Is this legal?

Trenton, NJ |

Condo dues are paid online or through the mail. When I sign online to pay, it shows a past due balance with no explanation of the charges. If a person pays through the mail, they do not see any charges and are only notified with a letter from the attorney.

Attorney Answers 2

Posted

I don't know what sort of charges or amounts, but I am aware of several companies here in GA that set up on line payment access for their HOA members but require a service charge to be able to pay that way - the service charge goes to pay the on-line compnay for handling the payments,e tc... so folks who send in checks aren't required to pay a service charge. Could this be what you're talking about? If not, and the charges are for some sort of violaiton or late fee, you need to provide more information. Have you contacted the management company or board to ask what the charges or fees are for?

This is not intended to be legal advice or create an attorney-client relationship. If more information is needed, you should consult with an attorney in your state regarding the specifics of your situation and the options available to you.

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2 comments

Asker

Posted

Yes. I have contacted the Management Company as well as the HOA Attorney. They basically are not giving me answers to what the charges are nor do they want to provide any paper trail what I am being charged for. So my question then becomes, can they charge me without notifying me of what the charges are?

Jody Lynn Peskin

Jody Lynn Peskin

Posted

In that case you may have to go back to the covenants and look up how you are supposed to make a records request and follow the procedure, if not in the covenants, check with your state's non profit corporaitons code or a local attorney, you may need to look at the baord of director's minutes going back to when the on-line payment system first began, and depending on who is running the on-line system, to review that contract, and to also inspect your own account records, including payment ledgers and any correspondence or claims of violations. If you aren't comfortable handlign all this on your own, you probably need to ask an attroney to look into the matter for you. If the charge is a small amount and the same amount monthly, it is probably a service charge for paying on line, which would be a valid charge - so I don't know why they aren't letting you know.

Posted

Write a letter and use old fashioned Certified Mail Return Receipt Requested with a copy of the same letter mailed via regular mail. Explain the problem in your letter and ask the Board or Management Company to provide a "printout" on your account.

Good luck.

PLEASE NOTE THAT THIS ANSWER IS BASED SOLELY ON THE QUESTION AS PRESENTED. THIS ANSWER DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP BETWEEN US. YOU ARE ENCOURAGED TO CONTACT AN ATTORNEY OF YOUR CHOICE TO FULLY DISCUSS YOUR SITUATION AND EXPLORE YOUR OPTIONS.

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