Question:
We pay our association dues on a quarterly basis. I have lived in the same location 6 years and always used auto pay through my bank. My last payment was due October 1st. The payment was sent by the bank on September 30. Reviewing the bank docs shows the payment was timely and the funds were removed from my account. I recently sold and closed on my condo (December 5th) and part of the closing was being charged association fees and late fees stating they never recieved my payment. I submitted proof from the bank that funds were removed after payment sent but they are insisting they did not receive the payment. I disputed the late fees and they stated there is no exception. Given the proof, is there any protection against late fees? Thank you
– Kary
Answer:
Hi Kary,
If you can show the payment was sent and processed by your bank in accordance with the due date, the association may have difficulty justifying the imposition of late fees. However, associations often rely on strict interpretations of their governing documents, which may state that payments must be received by the due date, regardless of when they were sent.
If the association continues to insist on the late fees, you could pursue several steps:
1. Request a Formal Review. Send a written dispute letter to the association, attaching your bank documentation and explaining the situation. Ask for a written explanation of their refusal to waive the fees.
2. Review the Governing Documents. Carefully examine the association’s bylaws and payment policies to confirm whether they specify that payments must be received by the due date or merely sent.
3. Contact the Department of Business and Professional Regulation (DBPR). Florida’s DBPR oversees condominium associations. You can file a complaint if you believe the association is acting unreasonably or violating state regulations.
If the fees are significant and the association remains inflexible, consult an attorney experienced in Florida condominium law. They can assess whether the association’s refusal violates legal standards or the association’s own rules.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
