changed contract

Last fall I reached a verbal contract with the Pres. to pay a "special assessment" in monthly installments which I have done as agreed. Last month without my permission they applied funds they owed me to this "special assessment" can they change an agreement as long as I am paying as agreed ?

Oral contracts can be legally binding; however, the issue is proving that the agreement was made by both sides.

If you did in fact have an oral contract with the President (assuming that the President was authorized to make such a deal), and the President confirms the contract, then the funds owed to you should be returned and your agree-upon monthly installments should continue.

If the President does not confirm the agreement, then you're in a tough spot. You'll either just have to suck it up or spend whatever time, effort, and money you wish to spend to try and prove your case in court.

I have received a receipt each month indicating the amount paid how much is still owed and what it was for wouldn't this indicate there is a contract?

BB5

For what reason did the BOD owe you the money they deducted from what you owed them?

Thanks

Verbal contracts aren't worth the paper they're written on.

It may very well depend on what your governing documents (which includes resolutions) specify.

For example: Our Association has a written resolution that specifies how any funds will be applied. Within this document, it specifies that any extra funds from regular assessments will be applied to Special assessments (and vise versa). Therefore, you may need to check your governing documents.

On the bright side, you have less to pay on your Special Assessment.

BB:

You say that they owe you money. Yet looking at it from their perspective, you still have a balance due:

Regular Assessment: 100
Special Assessment: +500
Payment: -300
Balance due: $300

If you overpaid the regular assessment amount due, any creditor would usually apply the overpayment to any unpaid balance.

Your seeing the Regular and special assessment as two accounts.
I suspect your Association is seeing it as one large amount due.

Question's (if you don't mind answering):

How much of an overpayment are you talking about ?
How did the overpayment happen that you were not aware of it when you made the payment?
Have you asked for a refund of the regular assessment overpayment?
If you did, what was their response?

BB5

When people get "behind" the question becomes is are they trying to beat me out of what they owe or are they struggling?

Those struggling try their best to reach an agreement.

Deadbeats always have an excuse even in the best of times.

Sometimes the line is razor thin.

My HOA has 5 (out of 113) homeowners that are serously (9 months) behind in their dues. We have recently talked to a law firm/collection agency about what we can do. Bottom line is we have sent one more personal letter to each of the homeowners outlining what the law/collection firm will do (upto and including foreclosure) and asking them to contact us to attempt to settle this issue before we turn it over to that firm.

It will be interesting to see what happens.

BB,

I agree that that money should have been refunded.

I also believe that it wasn't your responsibility to pay the contractor unless you hired the contractor. That was the responsibility of the Association and not yours personally.

My advice:

1) Let this issue go, as you would have given them the money anyway for the special assessment.
2) Don't assume a debt that isn't yours. It was the contractors and the Associations issue not yours.