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Late Fees Continue Monthly For One Late Payment

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  • 06-05-2008, 10:28 PM
    itsyourbet
    Late Fees Continue Monthly For One Late Payment
    My question involves a condominium located in the State of: Hawaii

    I am wondering if a condo can continue to charge late fees every month for one unpaid late fee? It is not in the Bylaws nor in the State Laws. In fact State Law says a late fee can NOT be subtracted from regular monthly maintenance fees. The Board will not discuss it at all then tripled the amount by adding their lawyers fees then threatened foreclosure. I paid the amount in full even though only ONE month was late. I would like to recover it.

    They then immediately added double the total amount I paid saying I owe more atty. fees for the same thing. :wallbang: They also added a late fee to that new bill and will continue. I need a tourniquet!

    It is around $2,500 now. Hiring an attorney would cost more than the debt which I am sure they are counting on!! Any suggestions? :confused:
  • 06-06-2008, 10:58 AM
    M'sta Mikey
    Re: Late Fees Continue For One Late Payment? Is This Acounting Allowed?
    Quote:

    Quoting itsyourbet
    View Post
    It is around $2,500 now. Hiring an attorney would cost more than the debt which I am sure they are counting on!! Any suggestions? :confused:

    Most attorney's will give you one free hour of consultation. If it were me, I would definitely consult one and do so immediately.

    If you need legal representation and don't spend the money to hire counsel, what's to say they won't keep tagging on fees each month?
  • 06-06-2008, 12:21 PM
    aaron
    Re: Late Fees Continue For One Late Payment? Is This Acounting Allowed?
    If they have no contractual basis for charging a late fee... what authority do they purport to have?
  • 06-07-2008, 12:26 AM
    itsyourbet
    Re: Late Fees Continue Monthly For One Late Payment
    They have contractual authority to charge "a" late fee when a payment is received after the 15th of the month. They continue to charge the same late fee every month - as IF all the future payments are late, which they are NOT! (only ONE was)

    The state law says no late fee can be subtracted from monthly payments, which to me means the future payments cannot be considered 'late'!:cool: Do you agree or disagree?

    I live in California and have already found most Hawaii attorneys do not give a 1 hour consultation free, like they do here.

    The main issue is can they legally charge these fees. It is a standard procedure for some companies, but ARE CONDOS limited by thier Bylaws on 'what' fees they can charge? ? :confused: (besides state laws)
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