‘It Is Their Fault’: My Condo Board Forgot to Bill for Storage Fees. Must I Pay Retroactively?

Why It Matters

The dispute underscores how administrative oversights in homeowner associations can create unexpected liabilities for owners and highlights the need for clear, timely fee disclosures to avoid costly legal confrontations.

Key Takeaways

• Condo board omitted storage fees from monthly statements
• Fee increased to $40/month effective July 2025
• Board seeks retroactive payment for 7‑8 months
• Owners may contest charges lacking proper notice
• Transparent budgeting prevents HOA fee disputes

Pulse Analysis

Homeowner associations (HOAs) and condo boards routinely levy ancillary fees such as storage, parking, or amenity charges. These fees must be incorporated into the annual budget and disclosed to members before they become payable. When a board adjusts a fee, the change typically requires a formal amendment, notice to owners, and inclusion in the monthly billing cycle. Failure to follow these procedural steps can render the fee unenforceable, especially if owners were not given an opportunity to approve or object to the increase.

Legal precedent across many states holds that retroactive collection of HOA fees is permissible only when the governing documents expressly allow it and when owners received adequate notice of the change. Courts have ruled that boards cannot simply add missed charges after the fact without a documented budget amendment or a vote. Residents facing unexpected back‑billing can request the board to provide the amendment, the notice timeline, and proof that the fee was part of the approved budget. If the board cannot produce this evidence, owners may file a complaint with the HOA’s dispute‑resolution process or pursue small‑claims action to contest the charges.

To avoid similar conflicts, boards should adopt rigorous billing audits, ensure all fee changes are recorded in meeting minutes, and distribute updated fee schedules well before the effective date. Owners, meanwhile, should regularly review their monthly statements and request clarification when a charge seems missing. Proactive communication and transparent record‑keeping protect both parties: boards maintain financial health, and owners avoid surprise liabilities that can erode trust within the community.