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Condo Association Dues Late Payment Penalty

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Brian K

Guest
I have a condo in a Detroit, Michigan suburb.
I pay association dues every month. Recently I was sent a letter from the association's attorney asking for past due late penalty payments. I went through my checks and bank statement and found that in each case the payments were mailed between 4-6 days before payment was due. The city that they were mailed to is another Detroit suburb. I listed the dates that each payment was mailed and sent it back to the lawyer, explaining that even though I sent my payments in on time, I can not make the association deposit my check as soon as they receive it. I have received another letter demanding payment of late fees. Is it basically my word against theirs, or do they have to show proof (i.e. postmarked envelopes) confirming that they did not receive my payments on time? There is no reason that it should take more than 3 days for local mail.
 


JETX

Senior Member
Simply, this is your word against theirs. You can claim that a check was written out 5 days before the due date.... they can claim that you held it and it wasn't received until 3 days overdue.

However, if your check statement shows that the check was posted to your account within the allowed period (or even plus a day), the general assumption would be that it was received by them in time.
 
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Brian K

Guest
So am I forced to pay? I do not want this to get reported to a collection agency. What recourse do I/they have? I am current on my monthly payments.
 

JETX

Senior Member
Regretably, you really have little recourse but to argue your position as best as possible.... and then pay whatever you are able to negotiate.

The alternative is that they will very probably deduct your "late" fees from your payment, thereby making your payment short (and shorter) each month. This could then incur additional charges that would eventually be tacked on to the balance.
 

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