HOA Question (lawyer, house, legal)

[fp014a]

I am my elderly mother's POA. My mother has used automatic banking from a nationwide bank to automatically pay the HOA dues.

The HOA changed the payment address for the HOA dues, so payment was mailed to previous processer. This processor CASHED the check on behalf of the HOA. HOA fined my mother a late fee and ended up putting a lien on her house and stated she hadn't paid the bill.

The HOA has fined my mother multiple times because my mother transposed the HOA account number on the check, but the ADDRESS and NAME on the check were correct. But each time they cashed the check on time on behalf of the HOA. They fined my mother late fees and put a lien on her house.

As my mother's POA, I am trying to get this straightened out. The HOA has stated that they will reduce some of the fees, but we still will have to pay $200 to get this resolved.

My understanding is that if someone cashes a check, then it is considered acceptance of payment and that they cannot assess late fees or any other fees. Again, please keep in mind that the correct address was on the check even if the account number had two numbers transposed.

Any legal advice on this would be greatly appreciated.

Thank you.

[wit-nit]

As you said "legal advice needed", so take your advice and ask a lawyer, not opinions on the internet.

[dfwtransplant]

My recommendation (as former HOA board member as well) would be to ask to be heard at the next scheduled board meeting. Come in with printed out timeline copies to present your case, with cancelled check copies that support timeline and show that you faithfully attempted to meet your obligations and had always paid promptly in the past. Calmly and professionally state your case. Your HOA docs should require your right to be heard and speak at the non-executive portion of the regular meeting. Put a face and name to your case.

Don't deal directly with the management company.

Other than that, yes you can seek legal advice. You probably will spend more than $200 just for the lawyer to read and get up to speed on your docs. You can take it on the fight on principle or pay it and move on.

[Bummer]

Originally Posted by nitram

As you said "legal advice needed", so take your advice and ask a lawyer, not opinions on the internet.

Great advice, Nitram.

However, prior to hiring an attorney, consider presenting your case to the Board Members at the next HOA meeting. Explaining the entire scenario may just make a difference.

Good Luck

[fp014a]

Thanks everyone, for your thoughts. I am going to the HOA board.