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  1. #1
    Join Date
    Jul 2016
    Posts
    1

    Default Condo Association Won't Provide a Statement of Amounts They Claim are Due

    My question involves collection proceedings in the State of: Florida

    Long story short, condo association said I owe them for missed association fees going back to 2010.

    They kept piling on the late fees every month since 2010.

    I asked for exact dates and I have proof of payment for all dates except for one. Around the time the management changed hands.

    I then offered to pay that missed payment. They say I owe them for all the late fees and the missed payment. I have not missed a payment since. In fact I pay early before the 1st of each month which has lead to confusion on their part as to which month I am paying.

    I spoke to them in person and left them a letter saying - ok - put that in writing provide a break down of my final debts owed and amount to bring my accounts current.

    They have not and implicitly refuse verbally to do so and ignore my emails on the subject. Oddly they answer other questions.

    Currently - My access to the condo amenities have been cut off- my key fobs are deactivated.
    It is damaging the value of my condo and inhibiting my ability to rent it.

    How can I demand that my debts be settled and this harassing and frustrating situation be ended?
    I have the money to pay them - I just want them to provide a letter saying pay us X amount based on 1/2/3 and your account is settled.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Condo Association Won't Provide a Statement of Amounts They Claim are Due

    Looking at the governing statute, "If provided by the declaration or bylaws, the association may, in addition to such interest, charge an administrative late fee of up to the greater of $25 or 5 percent of each delinquent installment for which the payment is late." That language suggests to me that the late fee applies only to each individual late payment, and is not a fee that can be compounded during subsequent months that the single payment or late fee remains unpaid. Also, you can review the declaration and bylaws to see what they actually say about late fees and how they are to be calculated. I don't see any case law interpreting the statute, so if you cannot work things out based upon the language of the statute, or the governing declaration or bylaws, I suggest consulting a Florida lawyer who handles condo law matters.

    A condo association is required to maintain "A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the name of the unit owner, the due date and amount of each assessment, the amount paid on the account, and the balance due." Accounting records must be kept for at least seven years. You have a right to inspect the record.

    If you have to litigate the issue, you can compel them to produce their records of payment and their manner of calculating your alleged debt when you go to court.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Condo Association Won't Provide a Statement of Amounts They Claim are Due

    Quote Quoting joeg26er
    View Post
    They kept piling on the late fees every month since 2010.

    I asked for exact dates and I have proof of payment for all dates except for one. Around the time the management changed hands.
    Here's the problem.

    You didn't miss just one payment in 2010, you missed every payment since then.

    I'll show you how it works using a $100 payment and a $5 late fee.

    January 2010 you missed a payment.

    February 2010 you paid $100. That $100 was applied to the January payment. You didn't pay the $5 so that balance was carried forward. Since you didn't pay the February payment you incurred another $5 late fee.

    In March you paid $100. The $100 was applied to the February payment. You didn't pay the $10 late fee so that balance was carried forward. Since you didn't pay the March payment you incurred another $5 late fee.

    See where that's going?

    In 6 years at a $5 per month late fee you theoretically could have accumulated over $3500 in late fees.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Condo Association Won't Provide a Statement of Amounts They Claim are Due

    As previously indicated, I don't think that adjusterjack's interpretation is consistent with the statute; and further, even if it were, it remains necessary to review the late fee provision from the declaration or bylaws to see if it actually allows that type of compounding.

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