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AnnetteC1 (Arizona)
Posts: 4
Posted:
I have received a letter from board saying I must use SURE Pay to pay monthly dues or pay a $3 monthly processing fee for accountants time. After 18 years this is a shock. Do I have any legal recourse. 30 of us out of 209 supposedly have been given this notice that starts April 1. This seems discriminatory as well as a forced invasion on my financial account.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What is discrimatory about it? This is how I pay my water bill. Can pay it online or can send them a bill via the mail. If I pay it online, I am charged a fee. If I mail it in, just pay for the stamp. So not sure why this is an issue other than it's a change you don't like. Writing them a check gives them your "financial" information anyways...

Former HOA President
BenA2 (Texas)
Posts: 1,273
Posted:
Are you saying that only 30 of the 209 are required to use SurePay? That could be discriminatory but it doesn't make sense. If that is the case I would suggest asking the management or someone on the board for an explanation.

As far as paying electronically, that is a sign of the times. I think most people these days prefer that over writing a check and it is more efficient for the association. If there is a cost for paying with SurePay I could see an issue, as there shouldn't be a mandatory fee to pay to your assessment, but I don't see a problem with charging a fee for paying by check if you have a free alternative.

My personal opinion is that they should still accept checks without a charge, especially since there are many people, especially the elderly, who are not comfortable paying for things online. That's an argument I would suggest making to the board.

CjC
Posts: 210
Posted:
Possibly only 30 people received notice because only 30 pay monthly? We have the option of monthly (with an added fee) or yearly with no added fee.
AnnetteC1 (Arizona)
Posts: 4
Posted:
Someone is paying for the use of sure pay. Possibly the accountant who adds to her service costs. It seems to me I should not be forced to use sure pay...I don't care if others use it, I have seen errors from them in the past.worse casebi will pay the $3 fee but find some others who feel this new member is quite petty.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our MC (with our knowledge) changed to a different lock box bank. We bill dues Quarterly but with our prior lock box bank they had a pay monthly option. The new lock box bank charges $2 per month for that option thus we have a few upset people. While I cannot blame them, our dues have always been due on a Quarterly basis.
AnnetteC1 (Arizona)
Posts: 4
Posted:
The point I am trying to get across is that after 18 years a board member, the treasurer decides because 30 out of 200 owners pay by check, and we are the minority, we must cover the "expense" to our accountant for opening our mail, posting the checks. Etc. It seems that this is unfair. I don't complain when others get their roof repaired from our how fund and I have not needed any work done. If is the principle I am arguing. Yes, I have options, pay the fee, sign up or move.this new board is extremely caustic.
AnnetteC1 (Arizona)
Posts: 4
Posted:
The point I am trying to get across is that after 18 years a board member, the treasurer decides because 30 out of 200 owners pay by check, and we are the minority, we must cover the "expense" to our accountant for opening our mail, posting the checks. Etc. It seems that this is unfair. I don't complain when others get their roof repaired from our how fund and I have not needed any work done. If is the principle I am arguing. Yes, I have options, pay the fee, sign up or move.this new board is extremely caustic.
BenA2 (Texas)
Posts: 1,273
Posted:
I see your point and agree they shouldn't charge for checks. Although, I think the board has that authority. The treasurer should not be making that decision.

Also, paying an accountant to process and deposit checks is like paying a doctor to put on a bandaid.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I had a bank that if you had a certain account, you had to pay if you saw a live cashier more than 2 times a month. Now a days, checks are used less and less. Which means the banks are getting rid of much of "older" equipment or it costs more to maintain it. It's the cost of "technology". That expense has to be passed along to someone. Why not the customer who is using that service?

Former HOA President
FredS7 (Arizona)
Posts: 927
Posted:
What Ben said. The board has the authority BUT you can complain to the board or replace them.

Were I on the board I would have requested comment from owners before making this decision.

I don't use Surepay- but- I really dislike arrangements that pull money from my account. I prefer to authorize the payment myself. I have set up automatic monthly HOA payments but I can change it at any time.
GenoS (Florida)
Posts: 4,276
Posted:
I disagree that any board can compel an owner to pay lawfully owed assessments through a service provider that charges a "convenience fee" or a "service charge". Haul your monthly payment - in pennies - to your Treasurer's doorstep and dump them on the porch. Then demand a receipt for payment in cash. "All debts public and private". You are only obligated to pay the exact amount of your assessments (monthly/quarterly/annually). Times do change, but to the point at which they want you to pay extra for the privilege of paying? I don't think so.

In my opinion the association must provide you a way to pay only what you owe and not a penny more. Do your governing documents give the association the power to mandate a particular payment method using a specific financial payment service provider? Just say no.
DouglasM6 (Arizona)
Posts: 724
Posted:
Sounds like a very poor decision on the part of the board. Their goal should be to get everyone paying on time. I agree that they should not be charging anything other than the assessment amount. I suggest you use your bill pay system through your bank and be done with it. That way you'll have all the records you need showing you paid on time.

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