Can anHOA charge late fees on disputed fees?

UPDATED: Mar 12, 2012

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Can anHOA charge late fees on disputed fees?

When we built our house the developer screwed up and didn’t install sewer on our street so they had to install a temporary system. Our closing attorney drafted an indemnity agreement stating that we were not responsible for any fees associated with this temporary system. The developer is attempting to charge us through the HOA fees and is now adding late fees. He is not responding to our demand letters or answering emails. What can we do?

Asked on March 12, 2012 under Real Estate Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written it appears that the the developer of the unit that you purchased can try and charge you late fees on a dispute HOA fee. Whether or not ultimately the developer is successful remains to be seen.

I suggest that you keep having your attorney make contact with the developer about the inappropriate charges and have the local permit and resource department get involved in the dispute since it is the entity ultimately in charge of approving the development that you bought into.

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