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‘It’s Their Fault’: My Condo Board Forgot to Bill Me for Storage Fees—Do I Have to Pay Now?

Here’s a situation that pops up more than you might think: You’ve been living in your condo for years, paying your fees on time, and happily using that storage space in the garage. Then, out of the blue, the condo board sends you a letter saying, “Oops, we forgot to bill you for storage fees over the last three years. Please pay up.” So, what now? Are you really on the hook for all that back pay?

Having worked with homeowners’ associations and reviewed countless condo bylaws, I’ve seen this kind of mix-up happen in lots of ways. Most condo boards are volunteers—usually well-meaning but not always experts—which means mistakes are bound to happen. But when they do, it’s not always clear who should foot the bill.

The Legal Stuff Isn’t Black and White

Here’s the thing: whether you owe that money depends a lot on your condo’s rules and the laws where you live. Most condo bylaws give the board the power to set and collect fees for extras like storage or parking. But if they just forgot to bill you, what then?

Legally, in many places, the board can come back and collect those unpaid fees—even from years ago—if the fees were always part of the deal. The reasoning is straightforward: forgetting to bill you doesn’t erase the fact that you owed the money. This especially applies if the storage spot was officially assigned to you, and the fee was clearly spelled out somewhere, even if you never noticed it.

That said, some regions put limits on how far back the board can go. For example, in Ontario, there’s generally a two-year limit on collecting debts. So if the board tries to charge you for fees beyond that, you might have a solid defense. In the U.S., these limits can be between three and six years, depending on your state. It’s a good idea to check with someone who knows condo law in your area.

Why Boards Mess Up (And How It Affects You)

Condo boards often have a tough time keeping billing consistent. Volunteers change, property managers come and go, and record-keeping sometimes falls short—remember, your condo is basically a small town with its own mini-government. It’s not unusual for boards to realize years later that many owners haven’t been billed for storage, parking, or even water.

When this happens, boards usually panic. They worry they’ll have to cover the missing money themselves, or face angry owners asking where the funds have gone. So, they send out big catch-up bills, sometimes with a firm “Pay now or else” tone.

This is where things get sticky. Even if the law says they can bill retroactively, that doesn’t always make sense in real life. Some owners simply can’t handle a surprise bill for thousands of dollars all at once. Others refuse to pay, sparking long and stressful disputes. Sometimes, the cost and headache of chasing the money aren’t worth it.

Fairness, Transparency, and Trust Matter

There’s also a fairness factor here. If the board never told you about the storage fee, or your condo purchase documents didn’t say anything about it, you have a strong argument that you shouldn’t have to pay retroactively. Most owners are fine paying fees going forward, but nobody likes being blamed for the board’s slip-up.

Boards that handle this well are upfront about their mistake, explain what happened, and work with owners to find a reasonable solution. I’ve seen boards offer payment plans, waive some or all of the back fees, or just absorb the loss to keep everyone happy. After all, you’re not just a customer—you’re a partner in that building.

When Things Don’t Go Smoothly

But let’s be honest: sometimes owners try to take advantage. If you knew about the fee, realized you weren’t being billed, and stayed quiet while enjoying free storage, it’s harder to argue your case when the bill arrives. I’ve had clients in this exact spot—it’s a tough sell to refuse payment then.

Also, if the board’s finances are tight, or if not collecting the fees creates a deficit, they might be legally forced to collect, even if it’s unpopular. Refusing to pay could lead to serious consequences like a lien on your unit or legal action.

Two Situations Where You Probably Don’t Have to Pay

1. No Written Rule or Notice: If there’s no mention of a storage fee in any bylaws, rules, or purchase papers, and you had no reasonable way to know about it, you likely aren’t responsible. Boards can’t just slap on fees retroactively without any foundation.
2. Debt Is Too Old: If the amount the board wants is beyond the legal limitation period in your area, you might be off the hook. But keep in mind—the clock usually starts ticking when the board should have billed you, not when you moved in.

What to Do If You Get That Letter

First off: don’t freak out or ignore it. Reach out and ask the board for details—when was the fee created? Was it ever disclosed to owners? How did they calculate the amount? Sometimes there are simple mistakes in the math or the rules they applied.

If you think they’re overstepping, put your concerns in writing. Boards have to respond to reasonable questions. If that doesn’t get you anywhere, consider chatting with a lawyer or a local condo advocacy group.

Most boards want to avoid drama. Angry owners can cause headaches at meetings, throw elections off course, and generally make life tough for everyone. More often than not, these situations get sorted with a handshake, a payment plan, or a bylaw tweak that clears things up moving forward.

The Bottom Line

Is it fair to pay for a board’s mistake? Maybe yes, maybe no. But the law doesn’t always care about fairness. If you got the benefit (that storage space), you probably do owe something. But if the board was sloppy or the rules weren’t clear, you have some leverage.

In my experience, talking it out is the best way forward. Don’t assume the board is out to get you—but don’t just roll over either. Know your rights, ask questions, and be ready to find common ground. After all, you’re all living under the same roof.

And as a little friendly advice: next time, read the fine print before you sign.

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