Villages of Westcreek (Van, Point: receipt, images, spray)

[TexasRedneck]

DM sent, Hoot....

[wellguy]

I was amazed (not in a good way) to read in an email from the HOA concering the new fee's when you pay with a credit or debit card. Although we pay by check talk about screwinig those that were / are given the opportunity to pay this way. Oh I'm sure this is a way of offsetting costs else where even though I know there is a fee to the merchant when you pay this way but it is not anything like our HOA's fees. I was considering starting to pay dues with my SSFCU Debit Card (used as a Credit Card) but I'll be damned if I'll give extra money to the HOA. I really think there is a monkey (no sorry monkey's) , an employee who sits alone in a closet thinking of ways to charge fees here and there. Nickle and Dime, Nickle and Dime.

How foolish to let us know that "As always there are no fee's associated with cash, check, or money orders. I'm sure in time (here's a thought to the closest employee again I sorry to the monkeys) that there will be a fuel surchage for cash, checks, and money orders to pay for gas since someone has to drive to the bank and deposit them.

Any fees for paying with blood since it appears that they are really starting to suck it out of people?

[BamaSailor]

Do this apply to the HOA? This is from Texas Code.

§ 339.001. IMPOSITION OF SURCHARGE FOR USE OF CREDIT
CARD. (a) In a sale of goods or services, a seller may not impose a
surcharge on a buyer who uses a credit card for an extension of
credit instead of cash, a check, or a similar means of payment.
(b) This section does not apply to a state agency, county,
local governmental entity, or other governmental entity that
accepts a credit card for the payment of fees, taxes, or other
charges.
(c) The Finance Commission of Texas shall have exclusive
jurisdiction to enforce and adopt rules relating to this section.
Rules adopted pursuant to this section shall be consistent with
federal laws and regulations governing credit card transactions
described by this section. This section does not create a cause of
action against an individual for violation of this section.

Amended by Acts 1999, 76th Leg., ch. 62, § 7.18(a), eff. Sept. 1,
1999; Acts 2005, 79th Leg., ch. 1018, § 2.15, eff. Sept. 1,
2005.

[Cerberus01]

Originally Posted by wc2005

Do this apply to the HOA? This is from Texas Code.

§ 339.001. IMPOSITION OF SURCHARGE FOR USE OF CREDIT
CARD. (a) In a sale of goods or services, a seller may not impose a
surcharge on a buyer who uses a credit card for an extension of
credit instead of cash, a check, or a similar means of payment.
(b) This section does not apply to a state agency, county,
local governmental entity, or other governmental entity that
accepts a credit card for the payment of fees, taxes, or other
charges.
(c) The Finance Commission of Texas shall have exclusive
jurisdiction to enforce and adopt rules relating to this section.
Rules adopted pursuant to this section shall be consistent with
federal laws and regulations governing credit card transactions
described by this section. This section does not create a cause of
action against an individual for violation of this section.

Amended by Acts 1999, 76th Leg., ch. 62, § 7.18(a), eff. Sept. 1,
1999; Acts 2005, 79th Leg., ch. 1018, § 2.15, eff. Sept. 1,
2005.

Though there are no Federal laws prohibiting surcharge on credit card use, the following states prohibit merchants from adding surcharges to any credit card transactions.
California Colorado Connecticut Florida Kansas Maine Massachusetts New York Oklahoma Texas
VISA/MC prohibits the practice completely and AMEX does not allow discrimination of their card holders, meaning if a merchant accepts VISA/MC they cannot charge surcharge for using AMEX card.
Exceptions would be government agencies such as Rev and Tax, Motor Vehicles, etc. that are not permitted to pay the bank fees. I guess the question to be asked is...is the HOA considered a merchant...do they provide a service...it would take a lawyer to straighten this out but almost all CC companies prohibit this practice its considered a penalty use provision..check your credit card contract...maybe its time to start a branch of "the Assessments too Damn High Party" around here.

[BamaSailor]

Read the info on the links below and then please help with the recommendations below.

Convenience Fee: Charging Convenience Fees for Credit Card Transactions

Charging Customers a Fee to Pay with a Credit Card

Charging Customer to Pay with a Credit Card and Passing Credit Card Fees to Customers

"Imposing surcharges on credit card transactions is illegal, and it will only lead to problems. The secret to beating the credit card processing system is not charging more for credit card sales, but instead is charging less for cash sales. It may sound like the same thing, but there is a big difference."

Strongly recommend that people:

1. Contact the HOA to complain.
2. Contact the Texas Attorney General to complain. Send a copy of the HOA email along to the AG.
3. Contact every major credit card company that you can think of (whether you have a card with them or not) to let them know about this violation of credit card company/merchant agreement.

[BamaSailor]

Originally Posted by wc2005

Read the info on the links below and then please help with the recommendations below.

Convenience Fee: Charging Convenience Fees for Credit Card Transactions

Charging Customers a Fee to Pay with a Credit Card

Charging Customer to Pay with a Credit Card and Passing Credit Card Fees to Customers

"Imposing surcharges on credit card transactions is illegal, and it will only lead to problems. The secret to beating the credit card processing system is not charging more for credit card sales, but instead is charging less for cash sales. It may sound like the same thing, but there is a big difference."

Strongly recommend that people:

1. Contact the HOA to complain.
2. Contact the Texas Attorney General to complain. Send a copy of the HOA email along to the AG.
3. Contact every major credit card company that you can think of (whether you have a card with them or not) to let them know about this violation of credit card company/merchant agreement.

Here is some verbiage that you may want to send to credit card companies:

Please pass the below information to your legal department for review. This is a new policy being implemented by the Villages of Westcreek Homeowners Association in San Antonio, Texas. The HOA has approximately 3,400 homes. The HOA webpage is http://www.villagesofwestcreek.com and their contact information is:

12395 Military Drive West
San Antonio, TX 78253
210-679-8761
Fax 210-679-0040

Below is a direct quote from an email sent to HOA residents and would seem to violate merchant agreements and possibly some laws.

(BEGIN QUOTE)
VWOA will begin charging a credit card convenience fee on all credit and debit card charges .This fee will absorb the cost the association has incurred by offering the convenience of credit card payments. The fee will take effect on November 22, 2010. The fee scale is as follows.
[CENTER]
Payment amount Fee
$0- $150.00 $5.00
$150.01-$300.00 $10.00
$300.01- $500.00 $15.00
Greater than $500.01 $25.00

As always, there is no fee associated with cash, check or money order payments.
(END QUOTE)[/CENTER]

[wellguy]

GREAT SUGGESTIONS.

I know Folks who live outside Westcreek frequent this thread. To those of you that belong to an HOA is the practice of tacking on a surchage for use of Credit Cards practiced??

[hadleyzoo]

Sure is practiced at mine. Current company charges $3.95. New company charges $9.95. Will be sending email to the new management company asking them how they can charge this.

[wellguy]

That is one call I would make. I'm very curious as to the $6.00 increase.

[TexasRedneck]

I'd take it by and pay in cash....

with pennies.