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Chronically late maintenance payments?

Started by petlaw
about 16 years ago
Posts: 16
Member since: Feb 2007
Discussion about
One of the owners in our small co-op is chronically several months behind his maintenance payments. Can we charge the delinquent owner a flat 'late fee' or would any late charges have to be on a per-share basis? Could we charge interest calculated from the maintenance due date? At what point would it be appropriate to contact his mortgage lender to try to recover missing maintenance (e.g. 90 days delinquent)? Thanks for your thoughts!
Response by Fluter
about 16 years ago
Posts: 372
Member since: Apr 2009

I do know that buildings have late fee policies. Your larger problem may be someone in serious financial trouble, though.

(Manhattan real estate agent.)

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Response by kylewest
about 16 years ago
Posts: 4455
Member since: Aug 2007

Only question I can answer is re: flat fee. Yes, in most coops you can charge flat fee for late payments. Everyone I've lived in had a $50/mo. late fee.

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Response by 30yrs_RE_20_in_REO
about 16 years ago
Posts: 9880
Member since: Mar 2009

There is a lot of case law on this and the overall rulings have led me to believe you can charge BOTH a flat fee and a percentage of $ outstanding or both, but the fee can not be onerous in comparison to the amount of the outstanding balance. So, no 100% annual interest in outstanding balances, no $500 flat fees on $800 mtc, etc. But you really should have whatever you want to have as an official, written policy, properly enacted by the corporation.

As far as what date to calculate from, I think you shouldn't break it down with that level of granularity (new buzzword). If the late fee is, say, 1.5% a month (i.e. 18% a year), it just gets trigger by a payment being after the due date, period.

____________________

David Goldsmith
DG Neary Realty

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