Legal Question in Real Estate Law in California
I own a condo in calif. in making my monthly dues pmt the 15th has fallen on a sunday. in both cases they were deposited on the following business day(Monday) and I was assessed a late charge. is this legal? 2nd, I paid one of the late fees at a board meeting directly to the board and condo mgmt. rep. they have failed to record as paid and still show it as past due. is this legal?
1 Answer from Attorneys
Check out California Civil Code section 11......it says that a secular act to be done by law or contract on a holiday (including a Sunday, see CC 7) may be done on the following business day. I suppose it'd be possible to write a contract that would alter this, but I've never seen one. As to place and method of payment, you should make your payments as instructed in your written contract; making payments directly to the board will too often result in mishandling.