Legal Question in Credit and Debt Law in Pennsylvania

what is the maximum allowable late fees that can be charged by a condominium association?

Asked on 5/31/11, 6:11 am

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This is a real estate question, not really a collection question. I don't do too much real estate law in PA and you would best ask a real attorney there specializing in condo management - many of the condo owner's associations have attorneys on the board and they might be able to answer the question. However, 68 Pa.C.S.A. 3314(b) says that past due charges cannot be more than 15% per year per charge or assessment.

Full statute is below:

68 Pa.C.S.A. 3314. Assessments for common expenses

(a) General rule.--Until the association makes a common expense assessment, the declarant shall pay all the expenses of the condominium. After any assessment has been made by the association, assessments shall be made at least annually and shall be based on a budget adopted at least annually by the association. The budgets of the association shall segregate limited common expenses from general common expenses if and to the extent appropriate.

(b) Allocation and interest.--Except for assessments under subsection (c), common expenses shall be assessed against all the units in accordance with the common expense liability allocated to each unit (section 3208) in the case of general common expenses and in accordance with subsection (c) in the case of special allocations of expenses.

Any past due assessment or installment thereof shall bear interest at the rate established by the association not exceeding 15% per year.

(c) Special allocations of expenses.--Except as provided by the declaration:

(1) Any common expense associated with the maintenance, repair or replacement of a limited common element shall be assessed in equal shares against the units to which that limited common element was assigned at the time the expense was incurred.

(2) Any common expense benefiting fewer than all of the units shall be assessed exclusively against the units benefited.

(3) The costs of insurance shall be assessed in proportion to risk and the costs of utilities that are separately metered to each unit shall be assessed in proportion to usage.

(4) If any common expense is caused by the negligence or misconduct of any unit owner, the association may assess that expense exclusively against his unit.

(d) Reallocation.--If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities.

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5/31/11, 11:43 am

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