Legal Question in Credit and Debt Law in Ohio
late fee penalty
We live in a village and pay the water bill, monthly. If not paid by the 20th of each month and 20% penalty is incurred. We have been late once a year in the past 22 years as homeowners. The new village administrator has now decided to add all late fees into this months' bill. These fees were never on previous bills nor were we told they were accumulating. Can he do this?
1 Answer from Attorneys
Re: late fee penalty
If you have been late at least once every year and up to this point no mention of the late penalty was made let alone was it enforced, I would make the argument that the village waived the right to collect those past penalties by their failure to collect for the past 22 years. If there are many others in the village who were also never assessed the penalties before, that would help strengthen the argument.
Beyond what the village has done in the past, it is also unfair for the residents to have to pay a much larger amount just this month because the village administrator just now decided to begin enforcing the penalties.
If you can successfully make the argument, you would still be responsible for any future late fees you might incur, however.
If you have further questions, feel free to contact me.
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