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What are the guidelines for interest charges and late fees? PDF Print E-mail
Monday, 30 January 2012 20:24

Q. Are there standard rules in Illinois for fines or interest charges for late payment of condo dues and special assessments?

Our association's bylaws seem to indicate that a lien is placed on the property for non-payment after a 30-day period, but the bylaws are not specific about what fees or interest the association may levy and in what time frame.

A. There are no set rates for interest or late fees in Illinois when it comes to delinquencies.  Most bylaws will indicate that the board has a right to impose late fees and, in the collection of delinquent amounts, to recover legal fees and interest.  However, unless your bylaws state specific amounts and rates, it is largely up to the board to decide what the charges will be.

Late fees are charged when assessments are not paid by the date determined by the bylaws (usually the first of the month) or within a grace period that has been voted on by the board.  Interest accrues on unpaid balances at an annual or monthly rate.

Is is important to note that late fees and interest cannot be charged on unpaid late fees and interest, only on the unpaid assessment amounts (or fines or user fees charged).  Also, if the association ends up taking legal action it will be up to a judge to determine what is actually awarded in a judgment.  Therefore, excessive fees may not be enforceable if a judge determines that they are unreasonable. 

Tracking interest charges can become burdensome for a self-managed association, and interest charges aren't terribly effective for enforcing payment.  HausFS generally recommends charging a set late fee when payment is not received by the late payment date and commencing legal action when two months have gone unpaid.  Enlisting the aid of a collection attorney before balances get out of hand is a more effective way to address unpaid assessments than simply piling more fees and interest on the account.

See our article on Establishing an Effective Collection Policy for more information.

Lauren Peddinghaus, CMCA
Haus Financial Services, LLC

 

 

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