‘It is their fault’: My condo board forgot to bill for storage fees. Must I pay retroactively?
Short answer: Often yes for the underlying fees, often no for retroactive penalties, and how far back they can go depends on your governing documents and local law. You have room to negotiate.
Why the mistake usually doesn’t erase the debt
– Obligation vs. invoice: If your declaration/bylaws/rules or a signed storage agreement say a fee applies when you occupy a locker, the obligation typically exists whether or not management remembered to invoice you. A clerical error usually doesn’t waive the fee.
– Anti‑waiver clauses: Many condo documents say the association doesn’t waive rights by delaying or failing to enforce them. Those clauses make “It’s their fault” a weak legal defense to paying the base fee.
– But authority matters: The board can only charge what its governing documents and properly adopted rules allow. If they never adopted a storage fee rule, or didn’t follow required notice and voting procedures, a back charge may be invalid.
Key questions that decide what you owe
1) What exactly is the locker?
– Exclusive‑use common element assigned to your unit: Fees generally must be authorized in the declaration or rules. If allowed, the board can bill for use; if not, they may be limited to adopting a rule prospectively.
– Separately deeded unit or limited common element you own: Ongoing fees are less common; charges might be limited to maintenance or assessments, not “rent.”
– Licensed or leased space: If you signed a license/lease with a stated rate, you’re likely on the hook for that rate during your period of occupancy.
2) Was a fee properly adopted and noticed?
– Look for a board resolution or rule setting the rate, effective date, and scope.
– Many jurisdictions require notice to owners and a waiting period before a new rule takes effect. If that didn’t happen, the fee might not be enforceable until fixed prospectively.
3) How far back can they go?
– Statutes of limitation limit how many years of unpaid charges can be collected in court. Typical windows are 2–6 years from when the association knew or should have known the amount was owed (varies by jurisdiction).
– Even within that window, boards often agree to cap retroactive billing to a shorter period for fairness.
4) Can they add late fees and interest retroactively?
– Only if the governing documents authorize them, you had notice of the rate, and the charges were actually due then. Many owners successfully negotiate removal of retroactive penalties when the association’s own error caused the delay.
5) Can they lien your unit over this?
– In many places, associations may lien for common expense assessments but not necessarily for “user fees” like storage rent. If the charge is not lienable, the board would need to use regular collection methods (demand, small claims/civil court), which affects leverage on both sides. Check your documents and local law.
What to ask the board or manager for, in writing
– The specific authority for the fee: relevant sections of the declaration/bylaws/rules or your signed storage license.
– The board resolution or rule adopting the fee and the effective date, including proof of owner notice if required.
– Your storage agreement or assignment letter and the date you began using the locker.
– An itemized ledger showing months billed, rate used, and any interest/late fees, with dates they assert amounts were due.
– The association’s collection policy and any anti‑waiver language they rely on.
Red flags that make retroactive billing weak
– No rule or resolution authorizing the fee during the retroactive period.
– Improperly adopted rule (e.g., no owner notice where required).
– Retroactive “rate increases” that were never approved for those periods.
– Penalties charged without clear authority or prior notice of rates and due dates.
– Selective enforcement (others similarly situated weren’t back‑billed) that could make the action arbitrary.
– Charges older than the applicable statute of limitations.
Practical playbook to resolve it
– Acknowledge the base obligation if the paperwork checks out: Offer to pay the current fee going forward right away.
– Ask for a fairness adjustment: Request waiver of interest/late fees and a cap on retroactive billing (for example, the last 6–12 months) due to their administrative error.
– Propose a payment plan: If the back bill is large, suggest installments over several months. Boards often accept this to avoid disputes.
– Keep assessments current: Do not withhold your regular condo assessments; that can trigger lien rights and fees unrelated to the storage issue.
– Put everything in writing: Confirm agreements and credits via email or letter. Keep records.
If you think the back bill is invalid
– Start with internal dispute resolution: Attend a board meeting or use the association’s grievance/ADR process.
– Mediation or tribunal/small claims: Many places have low‑cost tribunals or small‑claims courts for HOA/condo fee disputes. These forums often focus on whether the board followed its own rules.
– Legal consult: A short consult with a condo/strata lawyer can quickly size up authority, limitation periods, and lien risk in your jurisdiction.
A quick decision guide
– There is a valid rule/contract covering the retroactive period: You likely owe the base fees; negotiate away penalties and consider a cap or payment plan.
– There is no valid rule/contract for that period: Push back on retroactive fees; agree to pay prospectively once a proper rule is in place.
– Fees are years old: Cite the statute of limitations to limit how far back they can bill.
– They threaten a lien: Verify whether storage fees are lienable where you live; if not, note that collection must proceed in court, which may encourage settlement.
Negotiation template you can adapt
Subject: Storage locker fees – request for documentation and resolution
Hello [Manager/Board],
I recently received a retroactive invoice for storage locker fees. I’m happy to pay the current monthly fee going forward and would like to resolve the past charges fairly.
Could you please provide:
1) The declaration/bylaw/rule or storage license that authorizes the fee, and the board resolution adopting the rate with its effective date and owner notice.
2) An itemized ledger of the months billed, rate applied, and any interest/late fees.
Given that the delay in billing resulted from an administrative oversight, I request:
– Waiver of interest/late fees; and
– A cap on retroactive billing to [X months], with a payment plan of [Y months] for any balance.
Thank you for working with me on a fair solution for all parties.
Best regards,
[Your name, unit number]
Bottom line
– You usually can’t rely on the board’s mistake to erase base storage fees that were properly authorized while you used the locker.
– You often can avoid retroactive penalties and may be able to limit how far back the board can bill, especially where statutes of limitation or procedural defects apply.
– Ask for the paperwork, keep assessments current, negotiate a reasonable settlement, and get advice tailored to your jurisdiction if the stakes are high.
This is general information, not legal advice. Local condo/strata law and your governing documents control. If the amount is significant or a lien is mentioned, consult a local condo attorney.
