Gaddis v. Stardust Hills Owners Ass'n, Inc.

OPINION

BAKER, Judge.

Appellant-defendant Phyllis Gaddis appeals the small claims judgment entered against her and in favor of appellee-plain-tiff Stardust Hills Owner's Association, Inc. (Association), a non-profit Indiana corporation." Specifically, Gaddis contends that the delinquent fee charged for late payment of membership dues constitutes usurious interest, and, in the alternative, that the delinquent fee is an unenforceable penalty. 1 Finding that the delinquent fee is neither usurious interest nor a penalty, we affirm.

FACTS

According to the Association's bylaws, every homeowner in the…