HOA charges late fees but my payments were not late. (arrears, lawsuit)
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I have two homes under one HOA so I sent my HOA fees to the HOA together. My online bank mailed a check for me. After doing this a few months, I received a letter from the HOA saying I had never paid my HOA fees for one of the houses. I called the HOA and asked the person to connect the dots. Apparantly, the HOA entered the payments by account rather than name so for a few months they did not figure out why one owner had never paid his dues while another kept sending double payments. To my surprise, she did not waive the late fees although I pointed out that my payments were never late; they were just sitting in another account.
She sent an email a few days later saying the HOA Board decided to waive $10 of the $35 "late" fees. I was shocked. How could the HOA Board made such a nonsensical decision and wonder if the Board really knew about the circumstances.
If you wrote both account numbers on the check, it stands to reason they should have credited both accounts. But I guess the account numbers were not on the check and, in the absence of written/ verbal instructions, the clerk credited it to one of your accounts.
Does your HOA have rules on payment methods for multiple accounts supporting what you did? If not, for $35, I wouldn't bother unless I felt compelled to prove a point/ was miffed. However, I wouldn't say the HOA is entirely at fault unless the payment rules are in your favor or at least one other owner was doing what you were doing and managing to get both accounts credited i.e., a precedent exists.
Attend HOA board meeting with your proof of payment and talk with your neighbors face to face. I am betting they agree to waive the additional $25.00. If not, attend your annual HOA meeting and bring it up with all your HOA neighbors in attendance. I am betting your fellow HOA neighbors will agree with you. Good luck!
I felt compelled to prove a point.
1) No damage has been done to them because no payments have been late.
2) Why do they run like a bureaucracy when there are only a few hundred owners? It is easy to connect the dots but they just don't.
3) New owners should be given second chance to get familiar with how things are done in the HOA. What's the point of punishing an owner?
When the clerk searches by name, do both accounts pop up? If yes, I think it buttresses your case especially if the check does not specify the account number to which the funds should be applied.
Sounds typical. I would send a Certified letter with signature required showing that they received payment (I know they know this, but you need a paper trail) and outright refuse to pay the "late" fees. That's ridiculous. In the future, send two checks with the account numbers written on them. It shouldn't be necessary but clearly it is.
Our HOA is just as silly. We have a pool in our community. It cost $25 replacement fee if you lose your pool pass which is an electronic card. However, it's $10 if you want an additional card. Makes no sense.
If you are dealing with a "professional" management company - they generate bogus late fees by diverting payments to claim you are in arrears of assessments which they claim to be entitled to by virtue of contract with the HOA. These are windfall fees for the management companies and they spend lots of time creating ways to generate arrearages.
Our HOA is just as silly. We have a pool in our community. It cost $25 replacement fee if you lose your pool pass which is an electronic card. However, it's $10 if you want an additional card. Makes no sense.
Good luck.
Ha, ours is the same way (although it's a lot cheaper). It's like a slap on the wrist for being naughty and losing your key.
OP, I would just call them up and reiterate your case. Your payment wasn't late, the error was theirs, you've no intention of paying ANY late fee, even if it's reduced. Stay calm and keep pressing. If the person you speak with can't help you say "I understand you may not have the authority to do this. May I speak with your supervisor?"
The complaint and lawsuit should be for You to sue Them for incompetence. How dare they try to cover up their ineptitude and basic simple stupidity. They are misplacing funds. Take the tactic that you are calling for the firing of the accountant or mgt company because the association's funds are no longer safe with someone who misplaces funds. This has passed unethical and dishonorable to being illegal. You feel an honorable ethical responsiblity to inform residents of this mismanagement of funds and the fact that you have asked for the accountant to be looked into. And you are awaiting what you will tell residents about the board's response.
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