Question:
I’m a 65 year old woman. The HOA has set up electronic payments and moved up the due date five days for payment of dues with no grace period before late fees are charged. For most months of the year my Social Security check pay dates do not coincide with the HOA electronic funds transfer dates. I get charged a late fee and the bank charges me overdraft fees each time the HOA attempts to pull the funds when the funds are not there. The rule is Social Security does not change payment dates. I notified the HOA to request I whether I can pay on the 15th of each month rather than the 10th. Now I’m told it’s ok if I pay late on my own but I still have to pay late fees. Is this legal? The situation is beyond my control and SS is my only source of income.
– Karen
Answer:
Hi Karen,
According to the Revised Code of Washington Section 64.38.020(11), unless otherwise provided in the governing documents, an association may: “Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association.”
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