💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

RalphW2 (Florida)
Posts: 32
Posted:
Melissa you seem to be pretty well informed. I have a HO who is paying their monthly assessment in small amount but is paid in full before there payment is due ... is there anything I can do about it? Nothin in any of the legal docs addresses this
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Do you have a collections policy in place? Anything after the 15th was considered late and subject to a late fee. You all can say payments must be paid in full no cash accepted. Also we could setup an account for owners at our bank strictly for auto withdraw. They put the mmoney in a d it was aut withdrwan on time every month that amount. No late fees or forgetting. Not enough money in it then HO's fault.

We had a 6 month lien policy. We paid monthly and that was the break even point. So one could make payment arrangements for partial payments to avoid late fees being tact on. That was the benefit because they were interested in making an effort. All others who protest, did not pay were weeded out that way.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mel

As I read it the person pays on time but in like installment payments. We bill quarterly
and that is what we want. One can pay for the year, but otherwise we only want the quarterly.
RalphW2 (Florida)
Posts: 32
Posted:
the Ho makes 4 payments every month before the due date. Drives the bookkeeper nuts. We get the money, we don't like the extra work.
BanksS
Posts: 403
Posted:
Quote:
Posted By RalphW2 on 05/18/2014 3:03 PM
the Ho makes 4 payments every month before the due date. Drives the bookkeeper nuts. We get the money, we don't like the extra work.

Ralph,
Have you spoken to the HO and explained that this is extra work for the bookkeeper and ask the HO if it would be possible to just submit one payment by the due date? If the HO is not receptive to the idea or is offended, I would just let it go and be thankful that the full payment is made by the due date. I work with the public accepting payments, enforcing rules, etc., etc. There are certain people who just drive you nuts because of what they do or say. I just accept it and move on. It's just part of the job. The bookkeeper just needs to exercise some patience and accept that some people cause you extra work. Maybe this is the only way the HO can stick to a budget.

Just a thought, do you believe the HO does this to antagonize because of some conflict between the Board and the HO? Some people will do things like this to make a statement. Just wondering.
DouglasK1 (Florida)
Posts: 2,046
Posted:
I'm treasurer of a self managed HOA. Most of our members pay annually or quarterly. One is on pretty tight finances and they have asked to allowed to pay monthly and we accepted. It does take a little more time, but less than chasing down people who don't pay and won't communicate. I'd say accept the smaller payments and be glad you don't have to spend a bunch of time trying to get paid at all.

Escaped former treasurer and director of a self managed association.
RalphW2 (Florida)
Posts: 32
Posted:
I think the Ho is doing it to make a statement. They got PO'd at a previous Pres. I think they can afford a full payment but I don't know.
RalphW2 (Florida)
Posts: 32
Posted:
Does anyone know what it costs to process one payment?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RalphW2 on 05/18/2014 3:59 PM
Does anyone know what it costs to process one payment?

As Treasurer for a self managed Association, it takes approx. 15 minutes to process a single check.

Pick up mail - 5 min (varies depending on how far away the drop box is)
Open envelope - 5 seconds
endorse check - 30 seconds to 1 min (locate stamp, stamp check, put stamp away)
fill out deposit slip - 3 min (varies depending on number of actual checks but time to tear deposit slip from book, put book away, fill out deposit slip, verify math)
Enter into ledger - 3-5 min (varies depending on how ledger is maintained - paper or electronic)
Take deposit to bank - 5 min (varies depending on how far away the bank is)

Additional 5 min or more if letter needs to be written about account balance.

Mind you, actual costs vary.

When we used a bookkeeper to assist the Treasurer, we paid them a flat monthly fee. Therefore, there was no actual additional costs incurred to the Association and the time utilized was not relevant.

Now that I, as Treasurer, have absorbed those duties, there is still no actual cost to the Association (except perhaps for the deposit slips) but there is time spent by me. Realistically, when doing a stack of checks (as we pay monthly) having one more to process isn't really noticed and the only real additional time would be the extra ledger entries.

RalphW2 (Florida)
Posts: 32
Posted:
Thx ... I thinks me Treasurer is complaining for no reason! Gotta hit the sack.
JoK2 (California)
Posts: 198
Posted:
Quote:
Posted By DouglasK1 on 05/18/2014 3:54 PM
I'm treasurer of a self managed HOA. Most of our members pay annually or quarterly. One is on pretty tight finances and they have asked to allowed to pay monthly and we accepted. It does take a little more time, but less than chasing down people who don't pay and won't communicate. I'd say accept the smaller payments and be glad you don't have to spend a bunch of time trying to get paid at all.

ditto times 1 trillion!
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By TimB4 on 05/18/2014 5:18 PM
Posted By RalphW2 on 05/18/2014 3:59 PM
Does anyone know what it costs to process one payment?


As Treasurer for a self managed Association, it takes approx. 15 minutes to process a single check.

Pick up mail - 5 min (varies depending on how far away the drop box is)
Open envelope - 5 seconds
endorse check - 30 seconds to 1 min (locate stamp, stamp check, put stamp away)
fill out deposit slip - 3 min (varies depending on number of actual checks but time to tear deposit slip from book, put book away, fill out deposit slip, verify math)
Enter into ledger - 3-5 min (varies depending on how ledger is maintained - paper or electronic)
Take deposit to bank - 5 min (varies depending on how far away the bank is)


From the OP, it sounds like the HO is making weekly payments. I wouldn't go through all these steps for each check they write. I'd stick them in the inbox and process them once a month rather than hauling everything out for one check.

Escaped former treasurer and director of a self managed association.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DouglasK1 on 05/18/2014 7:13 PM

I wouldn't go through all these steps for each check they write. I'd stick them in the inbox and process them once a month rather than hauling everything out for one check.

I don't either. I check the mail twice a week. If there are only a few checks, I endorse them and hold them until the next time I check I the mail. I do make at least 1 deposit a week (unless I'm on vacation)as we try to meet our obligation to the Reserves early in the year. This can leave the operating account a little lean until around July.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
...no cash accepted.


you MUST accept cash if tendered

"....legal tender for all debts public and private"

there are, however, some caveats

eg. max 'pennies' for legal tender = 99 / other denominations also have 'rules'
FredB4 (Ohio)
Posts: 375
Posted:
Personally, we are happy with owners who pay and are willing to work with them to ensure that... after all it is their association. Maybe this HO doesn't trust themselves to keep the amount in their bank until the full amount is due - maybe they like to take a portion of each weakly check and pay. Has anyone asked the HO why or talked to them about this ?
RwT (Florida)
Posts: 154
Posted:
Quote:
Posted By JohnB26 on 05/19/2014 7:25 AM
...no cash accepted.


you MUST accept cash if tendered

"....legal tender for all debts public and private"

there are, however, some caveats

eg. max 'pennies' for legal tender = 99 / other denominations also have 'rules'

The Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," which states: "United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues."

United States monies are a valid and legal offer of payment for debts when tendered to a creditor.

There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services.

Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise.

For example, a bus line may prohibit payment of fares in pennies or dollar bills. In addition, movie theaters, convenience stores and gas stations may refuse to accept large denomination currency (usually notes above $20) as a matter of policy.

* Non-Lawyer spokesperson.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Additionally, there are some Fedex facilities that simply refuse cash completely.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Many good hotels and car rentals companies do not take cash. They require a credit card even if you give them a check. I know one car rental charges a 200 dollar deposit if you do not use a credit card.

Cash is NOT always king. Rent or dues should be one cash is not collected. If collected always provide a receipt. Courts do not always recognize cash exchange in disputes. There is little to no record keeping when doing business this way.

Former HOA President
PitA1
Posts: 222
Posted:
however, they WILL accept cash at 'final checkout' even though they may have required a credit card in order to ensure payment

the limit on denomination of bills accepted is 'reasonable', just like the limit on the # of pennies counted as legal tender

most courts will rule that cash offered in tender and REFUSED will be proof of attempted payment with all the ramifications of such - no late fees, no eviction for nonpayment, no 'cancellation', etc.

there would be a 'compelling reason' for bus drivers and subways to not DIRECTLY accept cash as the actual fare when boarding - however, the token or ticket will generally be purchased with CASH

if cash is tendered at the 'token booth' and refused then there can NOT be the crime of 'turnstile jumping'

if the register is 'down' at the store and cash is tendered and left on the counter by the clerk and the customer leaves with the goods - there is NO shoplifting

CASH, by Federal Decree, is in fact LEGAL TENDER

ps. in the olden days, in NYS, an employer required an actual permit NOT to pay in cash

this requirement was fought in the courts and ruled valid because of Federal Mandate stating '...legal tender for all...'

COMMON SENSE = COMMON LAW

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here