Can my HOA is charging late fees on disputed amounts?

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Can my HOA is charging late fees on disputed amounts?

Further they are charging legal fees for addressing my dispute.

Asked on November 5, 2011 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, the HOA can charge late fees on disputed amounts. If it turns out you don't owe the money all--that is, you win the dispute in the entirety--you won't have to pay the late fee, either. If the HOA ends up winning in whole or in part--that is, you owed at least some of the amount, and were late in paying it--you'll owe some late fees.

If the HOA agreement or other document(s) governing your residence and relationship with the HOA, including your obligation to pay HOA feees, allows the HOA to recover their legal fees in the event of a dispute, that term is enforceavble and you would have to pay--at least if you lost; generally, you don't need to pay the legal fees if you win, though you need to reference the HOA agreement(s).


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