Collecting Interest On Unpaid Pennsylvania Condo Fees, Maintenance Fees, and Special Assessments

Posted in Community Associations

While many Pennsylvania common interest community associations are quick to take legal action to collect unpaid monthly maintenance fees, special assessments, late fees, and other condo fees, many condominium associations do not realize or do not take advantage of their ability to collect interest on unpaid condominium common assessments. The Pennsylvania Uniform Condominium Act (68 Pa.C.S. § 3101 et seq)(the “Condo Act”) permits common interest community associations to charge interest on delinquent balances. Specifically, the Condo Act permits condominium association’s to charge interest on unpaid common assessments up to 15% per year.

The charging of interest for unpaid common assessments has proved to be an excellent tool for common interest community associations in order to motivate regularly delinquent owners to bring their accounts current. It is recommended that the association’s board of trustees pass a resolution regarding the levying of interest if the board wishes to impose interest fees for unpaid assessments.  The resolution should set forth the amount of the interest to be charged and the time period in which the interest will be calculated and applied to the debtor’s account.  The resolution should be published to the membership and hopefully will be an additional incentive for delinquent owners to take action to address their balances.