Legal Question in Real Estate Law in Pennsylvania

I am currently late on my HOA fees by a couple years. I have tried to sell my property in the past but was unsuccessful. Since then my association has placed judgments against me. I asked their attorney to send me a my ledger. The ledger shows my monthly late fees are charged as follows.

Jan. $250 (HOA Fee) + $15 (Late Charge) = $265 (running balance)

Feb. $250 + $15 (Jan. late fee) + $15 (Feb. late fee) = $530

Mar. $250 + $15 (Jan. late fee) + $15 (Feb. late fee) + $15 (Mar. late fee) = $825

I thought it was charged like this:

$250 + $15 =$265

$250 + $15 =$265 etc.

My Condo docs state that I will be charged a reasonable late fee. Each month 5% of condo fee and an annual amount of 15%.

For example, with the way they are currently calculating my ledger, i am being charged a Jan. late fee 12 times in a 12 month period, Feb. 11 times a year in a 12 month period and so on. Currently my late fees on my ledger each month are 3 times the amount of my condo fees. I am not denying i owe the back condo fees but the late fees seem UN-reasonable. Do they have the right?


Asked on 5/02/13, 9:04 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

One way or another, the HOA is going to be foreclosing on you. You should be consulting a lawyer who can figure this out for you. If you'll be able to pay your arrears and get back on track, you should negotiate that with the lawyer's help. If not, the lawyer may be able to defend you and negotiate the best possible settlement for you.

Calculating differences at this point without being able or prepared to do more is not going to solve any problems.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 5/02/13, 12:05 pm


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