To protect my interest, I have become a director of the board for many years in a condo apartment. My experience perhaps can help you.
All condos are managed by a Board of Directors, elected by owners, and the directors have to meet every month. The directors hire a management company to do the work. The company is paid a certain percent of the total revenue, i.e. maintenance fee as compensation.
Maintenance fees are payable the first day of the month, though most management companies allow an "unspoken" grace period for a few days, before any legal actions. In practice, most owners send in 12 post dated cheques at a time.
For late fees after the grace period, the management companies may or may not send you courteous reminders. They have the legal rights to collect the fees via an independent law firm.
There is no penalty. Legally, no individual except the government can post penalty on another individual. After said that, the management company can post additional administration fees on late payments, because the collection may involve additional costs. In this case, a law firm is involved, so there is a legal fee as well.
If you don't pay now, the law firm will post a lien on your property until resolution. A lien and the discharge of the lien may add up to about $1,200. You cannot sell your townhouse before the lien is lifted.
Suggestions:
1. Pay now no matter what to stop the possibility of a lien.
2. Dispute the management action via the Board of Directors. Attend their monthly meeting. Argue the grace period is too short.
3. If the Board won't agree, so be it. You won't have a chance at any court or tribunal because you were wrong to begin with.
4. If the Board agree, the Board will reimburse the money to you from the maintenance fees. In other words, everyone in your condo share the consequence of your mistake.
5. Become a Board director to protect your best interest. You become part of the decision to hire another management company.
"sedona"经常在网上发表一些很有帮助的评论,我也喜欢看,他有许多的国外经验和指导,对新移民很有帮助.但我不明白的是:他是因为出国的时间太长或是喜欢用英语表达(他的英语的确是好),评论的大多时候都用英语表达,既然在中文的"51"网上,为何就不能用中文?我们在"51"上并不是想提高自己的英语水平,而是要相互沟通,了解消息,对吗?
In accordance with the postal rule of the business law, a cheque sent out before the due date and stamped by Postal Canada, is considered received by the management company.
It is not late.
Pay attention to fine prints though. Some companies like most credit card companies define payment by the date they receive the cash or cheque, not the date you send it out.
I don't know if this so-called postal rule is a practice in business. As I know of, a credit company may not go by a postal mark to decide if a payment is late or not: they usually noted on a statement that the payment date is the receiving date of the payment, not the postal date. However, as I have experienced, most government practices use postal date to decide if a payment is on time or not.
But, you may know more in the business practice. I would always varify the date if in doubt.
To protect my interest, I have become a director of the board for many years in a condo apartment. My experience perhaps can help you.
All condos are managed by a Board of Directors, elected by owners, and the directors have to meet every month. The directors hire a management company to do the work. The company is paid a certain percent of the total revenue, i.e. maintenance fee as compensation.
Maintenance fees are payable the first day of the month, though most management companies allow an "unspoken" grace period for a few days, before any legal actions. In practice, most owners send in 12 post dated cheques at a time.
For late fees after the grace period, the management companies may or may not send you courteous reminders. They have the legal rights to collect the fees via an independent law firm.
There is no penalty. Legally, no individual except the government can post penalty on another individual. After said that, the management company can post additional administration fees on late payments, because the collection may involve additional costs. In this case, a law firm is involved, so there is a legal fee as well.
If you don't pay now, the law firm will post a lien on your property until resolution. A lien and the discharge of the lien may add up to about $1,200. You cannot sell your townhouse before the lien is lifted.
Suggestions:
1. Pay now no matter what to stop the possibility of a lien.
2. Dispute the management action via the Board of Directors. Attend their monthly meeting. Argue the grace period is too short.
3. If the Board won't agree, so be it. You won't have a chance at any court or tribunal because you were wrong to begin with.
4. If the Board agree, the Board will reimburse the money to you from the maintenance fees. In other words, everyone in your condo share the consequence of your mistake.
5. Become a Board director to protect your best interest. You become part of the decision to hire another management company.
他看得懂吗?
我没有工作,又是新移民,这300多元的钱对我来说是一笔不小的数 没工作,新移民就买的起Townhouse 300块不也是小事一桩?
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Sedona
2008-07-20 11:02
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所以罚金那么大。上法庭可能与事无补。如果这缴费时间真是每月第一天,那么你的物业在开始似乎还挺宽容。尝试和物业谈一下,搞清楚他们如何算你的罚金和其他有关事宜。是否可以采用定期银行账户扣款的方式等等。
In accordance with the postal rule of the business law, a cheque sent out before the due date and stamped by Postal Canada, is considered received by the management company.
It is not late.
Pay attention to fine prints though. Some companies like most credit card companies define payment by the date they receive the cash or cheque, not the date you send it out.
回复
Sedona
2008-07-20 10:55
举报
0
To protect my interest, I have become a director of the board for many years in a condo apartment. My experience perhaps can help you.
All condos are managed by a Board of Directors, elected by owners, and the directors have to meet every month. The directors hire a management company to do the work. The company is paid a certain percent of the total revenue, i.e. maintenance fee as compensation.
Maintenance fees are payable the first day of the month, though most management companies allow an "unspoken" grace period for a few days, before any legal actions. In practice, most owners send in 12 post dated cheques at a time.
For late fees after the grace period, the management companies may or may not send you courteous reminders. They have the legal rights to collect the fees via an independent law firm.
There is no penalty. Legally, no individual except the government can post penalty on another individual. After said that, the management company can post additional administration fees on late payments, because the collection may involve additional costs. In this case, a law firm is involved, so there is a legal fee as well.
If you don't pay now, the law firm will post a lien on your property until resolution. A lien and the discharge of the lien may add up to about $1,200. You cannot sell your townhouse before the lien is lifted.
Suggestions:
1. Pay now no matter what to stop the possibility of a lien.
2. Dispute the management action via the Board of Directors. Attend their monthly meeting. Argue the grace period is too short.
3. If the Board won't agree, so be it. You won't have a chance at any court or tribunal because you were wrong to begin with.
4. If the Board agree, the Board will reimburse the money to you from the maintenance fees. In other words, everyone in your condo share the consequence of your mistake.
5. Become a Board director to protect your best interest. You become part of the decision to hire another management company.
物业费迟交被罚:我是否要打这个官司 ?