If a charge does not appear onmy billing statement, am I required to pay it?

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If a charge does not appear onmy billing statement, am I required to pay it?

We live in a co-op and have a parking space. The co-op stopped billing us 2 years ago for that space, and just recently sent us a bill for retroactive charges. Are we required to pay these charges?

Asked on July 3, 2011 under Bankruptcy Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you were supposed to pay for that parking fee or charge, then yes, you do need to pay for it. That is, ikf part of your lease, maintenance fees, etc., or some other agreement with the co-op, has you responsible for paying for a parking space, then the fact that the co-op may have failed to include those charges on bills to you for some period of time does not absolve you of responsibility for them. An eror in billing does not change the agreement or terms between you and the co-op, unfortunately. Since not billing you was their error, however, and not yours, they should not be able to to charge you any sort of late fees or interest, however.


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