Skip to main content

Who has the burden of proof that condo fees were paid late?

Holland, MI |
Filed under: Condominiums HOA liens

Association uses a drop box at mail house. Board alleges check was not in box at morning pickup on day after due date, but was there at afternoon pickup. Member asserts check was in box on due date. Board assessed late fee which was contested. Board refuses to remove late fee and placed lien on home. Member refuses to pay late fee and threatens lawsuit.

Attorney Answers 3

Posted

Board has burden of proof

Mark as helpful

1 lawyer agrees

Posted

If the board does not act in the best interest of the association, they could be held personally liable. Thus, a lawsuit should be avoided. There could be a bad-faith claim which could expose the association to damages if the member finds a zealous attorney.

Mark as helpful

1 lawyer agrees

Posted

From a practical point of view, it is a mistake for the Board to insist on a late fee, and lien the member's property, as it exposes the association to a significant amount of liability for a wrongful lien. It makes sense to remove the lien and credit back the late fees, rather than put the entire association at risk.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Mark as helpful

1 lawyer agrees

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics