What is unfair about a legislative determination that limits HOA late charges? The amount? I don't see 1/10th (10%) as insignificant, even if one time.

As far as some one challenging what is being charged, I think it might depend on the circumstance in which the lien is concluded. A current owner in delinquency should be expected to want a detailed explanation of the charges. But, is their primary interest just to clear the cloud on the title and continue on with whatever purposes they have with the property? If there is not full payment of the lien, for example in a foreclosure sale with a prior obligation, there may not be a recovery of an amount that would include late charges.

There is a distinction between late fees and interest. There are cases in a commercial context that consider the difference. I am not aware of any in an HOA context.

A question for you and anyone else interested. Where in the Maryland Code is there an authority for applying 20% interest to unpaid annual charges? Note that the Maryland Constitution limits interest to 6% unless otherwise provided by statute.

I earlier indicated that it is not really possible to look at lien filings and verify amounts without knowing the components and authority for the component amounts. Resolution F-04 paragraph 3.a.(6) requires an annual delinquency review and report to the Board. I have not been attending Board meetings, but do review agendas. I do not believe that review at the Board level has taken place this year, nor can I find any report on the OPA website from the designated committee. To my knowledge, there has never been an explanation of the lien charges the Association applies. If there ever is another delinquency report review, that would be the time for an explanation, including how much of the charges in excess of the annual charge do we really receive. There is an amount budgeted.

Jim