Can an HOA refuse to refund my overpayment?

I purchased my unit in 1989 & paid $414 in Working Capital at closing. In 2003 the HOA decided that working capital should be a flat $250 & refunded owners who paid more than $250 prior to 2003. I received a check for $35. I now realize that they under-refunded me $129. I have my paperwork in order including a copy of my 1989 closing papers, a copy of the 2003 letter explaining that working capital was changed to $250, and a copy of the 2003 receipt that was attached to the check for $35.

I was denied a refund by the board. They argue that I should have dealt with this in 2003 and that too much time has passed. Can they just keep my money?

Thank you for that link! I think I will go back & pressure them based on what is moral & right & why would they keep ill-gotten money just because they CAN? I'll try it that way. Too bad we're not in Kentucky. Any other suggestions?

I just wonder how in 2003 when you received an amount less than required did you not notice?

And whAt 13 years later brought this issue up?

I didn't even know what working capital was in 2003. I paid all the fees at closing in 1989 & didn't give it another thought. In 2003 I was a single mom with two kids & $35 was a windfall. My kids are grown now, I am on the board & Working Capital came up. That spurred me to look at my records & raise the subject with the rest of the board. I don't have a firm NO or a firm answer. In fact, they're sort of not dealing with this at all. My sense is they don't want to deal with it & a NO is easier than YES. I can still plead my case.

I can imagine why this board is not interested in dealing with an issue over $129 from 13 years ago.

I would imagine many were not even on the board back then.

And as Tim suggested there very well may be time limit legally for you to even raise the issue. My question is seeing this board seems unwilling to address this just how far do you plan to push this? $129 over 13 years is $10 per year. This was not an intentional deception on the part of this board and in my view any responsibility would lie with you the property owner. Not the current members of the board.

You have requested payment the board responded with a no. What would you think now would change their position?

I think you say your'e on the Board, yes?

If so, you should not vote on this topic as it's a conflict of interest. Or at least ask th other directors if you may vote given the conflict.

I'd sy if you wan to help actually govern your HOA, you let go of an issue like this one and forces on improving your HOA for everyone.

What is fair and decent is to accept the statute of limitations and the doctrine of latches and STFU about it. That is the right thing to do, not put people on the spot about what happened in 1989 and 2003.