§ 11B-112.1. Late charges

The declaration or bylaws of a homeowners association may provide for a late
charge of $ 15 or one-tenth of the total amount of any delinquent assessment or
installment, whichever is greater, provided the charge may not be imposed more
than once for the same delinquent payment and may be imposed only if the
delinquency has continued for at least 15 calendar days.

I'm not going to get into the George Coleburn position because Bill Zawaki has indicated it is a revival of a previous loss by Coleburn. I believe that the DR provision gives OPA the authority to charge the HOA Act late fee.

A review of lien filings indicates OPA is currently filing delinquency liens in October. Until 2013 the liens were typically filed in November and perhaps into December. In either case, it would represent 6 service charges. The annual charge invoice indicates a 1.67% charge per month on any unpaid assessment. On the basis of the lien filing history, that would match the 1/10th limit ((6)(1.67%) = 10.02% or in other words 1/10th). The timing of filings does not match a 20% calculation.

The budget data on the OPA website indicates a service charge on delinquencies of 20%. That is in direct conflict with the late charge provision of the HOA Act. I'm not going to try to do any analysis of lien amounts reported in the on line property records. That can't be done without actually seeing the components of the amount. I'll just leave at recent year liens tend to indicate a 20% charge and the lien charges until 2013 appear closer to the 1/10th HOA Act limit. 

A more relevant issue than that raised by George Coleburn is whether OPA is in violation of the HOA Act late charge provision in the amount being assessed.

A final comment: George Coleburn and Tom Stauss each have erroneous statements in the Pines Progress. Coleburn, in his letter, states that the Section 16, senior living village DR does not have the basis for a service charge. Actually, the applicable DR has the same provision that you copied.

In his article, Stauss identifies the Section 16 senior living center as The Parke. That is also incorrect. The Senior Living Center is the facility on Ocean Parkway more commonly known as Catered Living and The Woodlands. Refer to the DR for 16C on the OPA website. As indicated above, the same DR delinquency provision is applicable.  

Jim