Late Fees Must Be Reasonable Under ‘Totality of Circumstances’

Facts: An association sued a member for unpaid common expense assessments, among other fees and charges. The trial court ruled in the association’s favor and awarded damages that were more than what the member owed. After the association informed the court that the member didn’t owe as much, the court reduced the award to several thousand dollars less than the member’s debt. The new award didn’t include late fees the member owed.


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