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    John1960's Avatar
    John1960 Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Apr 19, 2009, 06:25 AM
    Late Fees
    I live in South Carolina.I ran into some financial trouble a few months ago and got behind on my regime payments. Not by a lot ,but I was behind one month for 7 months in a row.Meaning I paid but was carrying a balance owed for 7 months. I have since brought my regime dues up to dated, but I have refused to pay the late fees, The total is now $70.00.I recently received a letter from my HOA, say that a Lien was going to be placed against my property over the late fees. If I did not pay within 10 days. My question is ;can they do this? Can they take me to court over an amount less than $75.00. I also thought small claims courts do not take hearings over late fees?
    Xyzpdq0121's Avatar
    Xyzpdq0121 Posts: 85, Reputation: 6
    Junior Member
    		  
    #2

    Apr 19, 2009, 06:46 AM

    You HoA can not put a lien on your property for you being late on your mortgage. Now if you did not pay your HoA dues... yes they can put a lien on your property anytime they want to, and for any amount. If the late fees are outlined in your HoA charter, then you must pay them. I guarantee, IF you were to go to small claims court, you would be forced to pay the fees anyway, plus maybe the court fees for the HoA. Paying the $75 is the cheap and easy way out.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Apr 19, 2009, 07:01 AM

    You need to read and understand your HOA rules. Not only is it perfectly reasonable to charge a late fee for your HOA dues (I'm assuming that's what regime fees are), but, the by-laws probably allow then to place a lien on your property WITHOUT going to court. That is very normal.

    I would ask them if you can pay the $70 over time, maybe add $10/month.
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