Quote:
Posted By JeffT3 on 12/26/2018 11:18 AM
Followup:
If you send an invoice with Monthly dues, parking, violation late fees, etc. and the owner sends a partial payment that would be enough to cover the monthly dues and not the rest, where does this payment get applied.
IE: the owner disputes some charges and refuses to pay but will pay the monthly dues. How would you know to apply this to the dues or which charge to apply to.
I would think that this would come into play because not paying certain things would have different repercussions than others would. If you take the partial payment and apply it to parking and fines, then the owner would be delinquent on dues for which they may possibly be foreclosed upon but will still have a parking space, where as if you apply it to the monthly dues and not parking you just lose the parking spot
In my community we wouldn't send a single invoice that mixes the monthly assessments and fines. Homeowners receive a coupon book each year to use with their assessments, and fines appear on separate notices. Legally assessments are different from fines. The association can foreclose for non-payment of assessments, but not so for fines for violations. In addition, homeowners may dispute fines and the association may forgive some or all of the fines it imposes; however, there is no negotiating on the amount of assessments.
You should have a delinquency policy and schedule of fines that spell out when items are considered late, penalties for late payment and the order in which payments are applied when multiple things are outstanding. If you don't have these items in place, it would probably be better to direct partial payments toward the assessments. This could end up in court eventually, and courts often frown on association actions that they think are "abusive" - by directing partial payments towards fees first it may appear that the association is trying to force a foreclosure.