Do I have grounds to stand on regarding fighting un unjust late fee charges that have accrued on my account?

UPDATED: Oct 1, 2022

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Do I have grounds to stand on regarding fighting un unjust late fee charges that have accrued on my account?

The issue arose when my first payment was sent to the wrong address and I had to contact the HOA to figure it out. I discussed the issue with a HOA rep and got things sorted out. She said my account was now current and that I could make my payments at the normal time. Apparently, that was not the case and a late fee was charged and has been accruing other late fees ever since. I did not receive any paper notification until the end of the year statement and had no idea that the original late fee was never waived. After contacting the HOA, they said that they had sent out email and

Asked on July 24, 2018 under Real Estate Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, "unjust" is irrelevant: this is a simple "contractual" matter, in that the HOA rules or bylaws, etc. impose a late fee when payment is received late, then you have to pay a late fee when they get the money late--even if the lateness was accidental (i.e. you did not intend to be late). And those written rules cannot be waived orally (not in writing) by their representative; they would have to be waived in writing, so if they were never waived in wirting--and especially if you were sent written notice of them, as you evidently were (the emails which you received, but which went into your spam former--you are responsible for them and would not have grounds to fight them.

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