"The Board concluded that the
late fee would be removed from your account and the collections practices would be reviewed and revised in order to ensure compliance with state statutes and recent court rulings." — Tom Markell, Senior Property Manager, July 30, 2013
The "late fee" violated ARTICLE IX, Section 5 of the Bylaws. Apparently the Board was unaware of this.
In late August, the Board issued a refund check, but they continue to show the unlawful late fee on the condo fee payment coupons.
If the Board believes the late fee is needed, they should change the Bylaws —
lawfully, this time. They should return the fines unlawfully assessed against a homeowner for his
red door.
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Southampton Herald, December 2013, the Board admitted: "The recent court decision may make it difficult for Associations to collect fines for violations without the specific fine being expressly stated in the Condominium Declaration."
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