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MarciaV (California)
Posts: 52
Posted:
Does anyone know if the HOA president/treasurer/board member does NOT deposit my monthly checks into the HOA account, if this is illegal? Is there a time limit on deposits to the HOA account? He is "holding them." So far, 3 have not been deposited and when asked about it - I get no answer. The first check was sent on August 1st, and the second one September 1st, and the third one October 1st, 2012. I am in AZ.

GlenL (Ohio)
Posts: 5,491
Posted:
Illegal no - improper yes. I would contact the entire Board for an explanation.

Studies show that 5 out of 4 people have problems with fractions
LarryB13 (Arizona)
Posts: 4,099
Posted:
The banks have a time limit on depositing checks. I believe if the check is more than six months old that the bank will not accept it for deposit.

If you use your bank's bill pay facility the time may be even shorter. We paid a doctor bill that way and the doctor's bookkeeper sat on the check for more than 3 months. The bank refused to honor it after 90 days.

Marcia, I hope you are using your bank's bill pay so there is third-party evidence of when the checks were sent. From the problems you have had with your association, I suspect that the president will at some point claim that you did not pay your assessments when due. If you wrote checks out of your checkbook, it becomes his word against yours and he is in control of the evidence.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Marcia,

I agree with Larry. With the issues you have been having you need to document that you actually sent the checks and when. Certified mail works great for this.
MarciaV (California)
Posts: 52
Posted:
Hi, Gentlemen: We have documented this and at one point the president sent out information to send our checks to a bookkeeper. We sent them to her and she was never put on the checking account. This has been 3 months now and he finally took the checks back from her since she refused to sit on our checks and unpaid bills. The bookkepper has copies of our checks before she gave them back to him.

It is some sort of game - and, most likely trying to show that we never paid our dues. Another type of harrassment. Thank you for the input.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Even if the bookkeeper was not a signer on the account she could have and should have deposited the checks instead of letting them sit. The bank will let pretty much anyone deposit money into an account; it's the withdrawals they get touchy about.
TimB4 (Tennessee)
Posts: 21,059
Posted:
We use a bookkeeper who is not on the signature and she is makes all the deposits.
She must use a teller but all the deposits are made and in a timely manner.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Marcia

Are you saying that the issue is with your payments only?

Thanks
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
We sent them to her and she was never put on the checking account. This has been 3 months now


Is anyone else thinking cashing checks is just one of many, many problems at this hoa? Sounds like you have a disaster behind the scenes. Wonder if they are even paying bills too?
MarciaV (California)
Posts: 52
Posted:
Thanks for all of the replies. Ours are the only checks that are not being cashed. The bookkeeper has not been given any financial records (bank statements, deposit info., etc.) from the president for THREE months since he hired her. She has repeatedly asked for these documents and he will not give her access to the bank account since he and the board have misused funds.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I think the issues are a bit deeper them Marcia leads on about.

Maybe they were holding the dues to see if they could use part of them to maybe pay fines that Marcia has accumulated. Maybe Marcia wrote something on the checks like cashing this indicates whatever.

Marcia, agree with or not do you have outstanding fines against you?

I could be wrong.
MarciaV (California)
Posts: 52
Posted:
Hi, John. No - no outstanding dues, assessments, etc. The president got caught misusing funds by me and now he's playing games. And, he is targeting us for every little thing. The only reason I can think of that he wouldn't cash our checks is so we have to put a stop payment and incur that cost or to say we never paid. The bookkeeper who he hired and never gave financials or bank statements to, has copies of our checks. So we have proof.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Marcia,

You should get a written statement from the bookkeeper that she did in fact receive the checks.
This may protect you in the future.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Give the book keeper cash. Get a written receipt.
LarryB13 (Arizona)
Posts: 4,099
Posted:
I have become a big fan of the bank's bill pay feature. This is one more situation where it helps.

My bank issues a check to a payee on my instructions. The check comes from the bank's own account so the payee has no access to my account numbers. The bank sends out the check only if I have money to cover it and they send it when I instruct them to do so. It's all taken care of online.

If a judge were to decide whether a homeowner paid his assessments on time, he would find that the homeowner has a motive to lie just as the association and its bookkeeper have a motive to lie, but the bank has no such motive. The bank's records would be the deciding factor.

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