Legal Question in Credit and Debt Law in Illinois

Late fees without notification

My community has a homeowners association with yearly dues. Several years ago, we missed a payment and were assessed late fees as well as attorneys fees. We made the original payment and paid the attorneys fees, but did not pay the late fees. Since then, the association has been adding $25 per month to our account balance. They have not notified us of these fees and only send out a yearly statement, nothing on a monthly basis. #1, can they just continue to add to our account balance without sending a statement, and #2, is it legal for it to be a flat fee and not a percentage of the balance?


Asked on 12/26/01, 3:53 pm

1 Answer from Attorneys
Alexander Rozman Rozman Law Practice

Re: Late fees without notification

Some homeowner's associations have dispicable practices of charging late fees without giving credit for late payments. It is hard to call them on it since they know a condo owner is almost powerless to negotiate. However, this is a breach of contract of the bylaws agreement if you already paid the fee and you may have to file a lawsuit seeking a declaratory judgment that the amount is not owed instead of asking for money damages. The courts do not allow costs that are not reasonable since you are not late every month. Write a letter to the association requesting they dismiss the charges. If that fails contact an attorney.

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Answered on 12/26/01, 4:02 pm


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