Attempts to Unilaterally Modify Contracts by Service Providers

Recently our firm has seen an increase in various service providers attempting to introduce new fees in the performance of their contracts with community associations.  These fees are typically introduced on an invoice, and accompanied with a short explanation that they are associated with some cost incurred by the service provider.  When assessed on a per-owner basis these fees may seem small or nominal in amount.  However, when aggregated across the community and across multiple years, these fees can add up to a mid-contract price increase of tens of thousands of dollars for a community association.  Owners and board members should be aware that the introduction of these fees is an attempt to unilaterally modify a contract and there may be a sound legal basis to reject such a modification.

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