“Two For Tuesday” Condo Questions on Handicapped Parking and Late Payments

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M.M. from Fairfield County writes:

Dear Mister Condo,

Is the association responsible for supplying at least one handicap space in the parking lot?

Can the association not accept payment for late common charges?

Mister Condo replies:

M.M., it looks like it’s a “Two for Tuesday” today. Two questions for the price of one. FREE!

The association is not generally responsible to supply handicapped parking. This is because the condo is private property and not subject to the same rules as public parking lots. That being said, if you make a written request to the Board to provide handicapped parking, the Board must review the request and determine if there is reasonable accommodation available. In many associations, it is simply not possible to provide dedicated handicapped parking because there are too few spaces for too many residents and visitors.

I have never heard of an association not accepting payment for common charges or late fees. However, if the fees had accumulated to the point of turning the collection over to a collection agency or attorney, the late fees might actually have to be paid to the collection agent per agreement with the association. Also, when late fees are assessed, any payment of common fees goes to the arrearage before paying for current fees. In other words, if the fees were $250 per month and a unit owner fell three months behind, any fees collected would go to the latest month first. The same is true for late fees. A delinquent owner who owed $750 in late common fees and $75 in late fees who offered $300 as payment would likely see the money allocated to the oldest month first. In this case, that would mean $250 to the third month back and then the remaining $50 toward late fees on that third month back. Any remainder would be posted towards the second month back. This gets quite confusing quite quickly and it is always wise to keep your common fees current. After all, your common fees are going to pay for products that you and your fellow unit owners are consuming every month. All the best!

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