Legal Question in Civil Litigation in Florida

My condo association is charging me almost one yr of late fees because they claim to have recieved my payments after the 10th of the month. However, my payments are sent automatically by my bank & according to their records the payments are being mailed, in some cases, as early as tge 3rd of the month, allowing sufficient time for the payment to arrive. (The checks are being mailed from Phoenix to Miami.) Does the mailbox rule apply here?


Asked on 10/11/10, 3:05 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

check with your bank to see what dates the checks were actually cashed. If your association is "sitting" on the checks for the purpose of adding late fees, you may have to hire an attorney to recover your funds. The "mailbox" rule applies to acceptance of contracts, and unless your association will waive late fees if the payment is mailed on time.....unlikely.....the fee is DUE in their office on the DUE date. Why didn't you start sending the payments 10 days before they were due, as soon as you realized that 7 days was not enough lead time...11 months ago? Did your association wait a whole year to tell you that you owed a late fee from 12 months ago?

Read more
Answered on 10/16/10, 7:14 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Florida