Is it legal for a HOA to charge you for a late fee .Also can they charge you a penalty for not obeying the CC&R’s.
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Is it legal for a HOA to charge you for a late fee .Also can they charge you a penalty for not obeying the CC&R’s.
Asked on July 1, 2009 under Real Estate Law, California
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I suspect that the documents for the HOA include language on both of these subjects, and that would be the first place to look. In most states, a well-drafted set of bylaws and so forth would include both powers, because it isn't in the HOA's interest to just let you get away scot-free for making your payments late or not obeying the CC&R's. If too many payments are late, the HOA can have trouble paying its bills on time, which can lead to late fees and service problems. The CC&R's exist for a reason and are designed, ideally, for the common benefit of everyone who lives there; if they're not enforced, they're meaningless.
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