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The bills still have to be paid, recession be damned! Yet too often condo associations straddle the line between collection and having their late fee charges deemed unreasonable in an attempt to collect late association fees or other property-related bills.

Associations are allowed to charge reasonable late fees. But the definition of reasonable, and the frequency and application of reasonable, could land your association in hot water should you not lay out your terms from the start. Late fees should not outpace the amount due, nor should they be so high that collection becomes impossible. Many associations assess a $25 late fee, which meets the reasonable criteria.

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It’s not fair, is it? Your homeowner’s association is holding a stack of overdue association dues notices, yet there your residents are, still watching their cable and using their phones. You as an association want to make a statement – send a clear message to your residents that you’re on to them and that until their dues are paid, life is not all rosy. So you decide to shut off cable service or phone service to your past-due residents. A good idea, right?

Wrong. See, most states do not allow for associations to restrict or deny its residents any amenities as a means to force payment. Oh, you want to, but oh no, you can’t. It’s about protection for the consumer, not the association. Your homeowner’s association is limited to taking only the corrective action it has set forth in writing as a means of collection. Read more…