Homeowner Association dispute

This is a discussion on Homeowner Association dispute within the Real Estate and Property Law Questions forums, part of the Legal Questions & Answers Forum category; I fell behind on maintenance paymts this year and the association has rightfully demanded payment. However, in the past I was paying 3-4 months at a time and they had ...

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    Homeowner Association dispute

    I fell behind on maintenance paymts this year and the association has rightfully demanded payment. However, in the past I was paying 3-4 months at a time and they had been accepted that method and not charging late fees. Now they are demanding late fees for not only this year's default but all of the previous years. $25.00 for each of the months. I have ledger copies from the previous years that they did not demand late fees. Balance reads on that old ledger statement 0 balance after accepting my quarterly payments. Can they now demand late fees for those previous years?


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    Whether they can demand payments depends on the agreements/contracts you signed with the homeowners association. Does it require you to pay late fees? Also just because they are demanding payment does not necessarily mean they are entitled to them. If they tried suing you to obtain these payments in court, they would not necessarily succeed. There is a concept know as course of dealings. It basically means that you have consistently dealt with something in a certain manner and as a result, you should be allowed to continue to do so (unless they provide reasonable notice that they are no longer willing to do this). Because the homeowner associations have consistently waived these late fees, you could argue that they have waived their rights to collect them now because that was the standard course of dealing in your situation.
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