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


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 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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