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LisaD6 (Maryland)
Posts: 77
Posted:
Heres the situation. Manager started doing the ACH for condo fees. Are policy is due by the first. They have til the 25th then a late fee goes on their account by the 26th.. With the ACH if someone pays by checking account the money comes out it gets into the checking account the next business day. If someone pays with a credit card. It takes four days to get into our checking account. meaning pay on the 25th. on a friday. IT gets into our checking account on the tuesday 29th is what I saw in the financials. What would your condo assosciation follow.

1) it is not late because the transaction happened on the the last day before the late fee date but the funds do not make to the checking account.. Who cares if it takes a long time to make it to the HOA checking account

2) Because they get 25 days past the first to pay their fees. They shouldnt be given and extra 4 days for the money to hit the checking account. without a late fee attached to their account.

3) Be thankful they are paying their fees and ignore.

Which would your HOA follow. TY in advance...

Me I use to be an auditor and if the other unit owners pay and get their fees in by the 25th. why are the other unit owners aloud extra time before the money hits out checking account. Its all about having the money in the account by the 25th so we can use it and spend it on things we need done. So a solution anyone using this service for Credit cards has to pay by the 21 otherwise they could be subject to a late fee. Am I thinking right. This could be an auditors find. It is not fare that someone s fees gets put into our checking account after the late fee date and does not incure a late fee. Please help me to understand what your view is on this subject.
RichardP13 (California)
Posts: 3,868
Posted:
IF your CCR's state due on the 1st and become delinquent after the 25th, then late fees are applied on the 26th. Period.

The problem is delays in sending out statements with correct accounting information.
LisaD6 (Maryland)
Posts: 77
Posted:
I have to present this to the board and management. that it isnot right. So as a solution if a unit owner is paying by credit card through the ACH we will wend a memo to all unit owners must pay by this date or possibility of late fee..
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By LisaD6 on 02/02/2019 9:15 PM
I have to present this to the board and management. that it isnot right. So as a solution if a unit owner is paying by credit card through the ACH we will wend a memo to all unit owners must pay by this date or possibility of late fee..

Paying by credit and paying by ACH are two different payment methods. ACH is handled through your management company. I sent all my clients on the 5th of the month. If you do auto bill pay through your bank that can take up to 10 days to process as the bank cuts a check and mails to payee. It is the payer's responsibility to make sure it arrive on time. Your legal document says DUE on the 1st, NOT the 25th. Look at your mortgage note, it states due on the 1st and delinquent after the 15th. Does not state there is any grace period.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By RichardP13 on 02/02/2019 9:00 PM
IF your CCR's state due on the 1st and become delinquent after the 25th, then late fees are applied on the 26th. Period.

The problem is delays in sending out statements with correct accounting information.

This was my first thought as well. We have people who pay by check and, say, the check arrives at the PM's office on Tuesday but they hold them and deposit a batch all at once on Thursday or Friday... it's not late. Look at the actual bank statement which will show the exact date, not the financials which aren't always precise as to dates received, deposited and credited to various accounts. However, if you're right and the actual CC payments don't come through for several extra days past the deadline, then they are late.
SueW6 (Michigan)
Posts: 814
Posted:
Pretty standard verbiage on bills to allow for 5 days for payment to post.

Follow the policies for any credit card payment and see what they accept as being β€œon time.”
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By GenoS on 02/03/2019 3:03 AM
Posted By RichardP13 on 02/02/2019 9:00 PM
IF your CCR's state due on the 1st and become delinquent after the 25th, then late fees are applied on the 26th. Period.

The problem is delays in sending out statements with correct accounting information.

This was my first thought as well. We have people who pay by check and, say, the check arrives at the PM's office on Tuesday but they hold them and deposit a batch all at once on Thursday or Friday... it's not late. Look at the actual bank statement which will show the exact date, not the financials which aren't always precise as to dates received, deposited and credited to various accounts. However, if you're right and the actual CC payments don't come through for several extra days past the deadline, then they are late.

The date on the statement is for when it was/should have been posted not deposited.

IF the check arrives on Tuesday, it should be posted that day, when it gets deposited shouldn't affect the homeowner.
LisaD6 (Maryland)
Posts: 77
Posted:
I understand what you are saying. But you dont pay a credit card payment with a credit card..At least normally you dont. I dont know if it is done. My understanding is it can be done by cash advance. TY for your response
LisaD6 (Maryland)
Posts: 77
Posted:
Yes but the Credit card does not get posted til 4 days later. because that's when it arrives to management by computer. last day due 25th. unit owner goes in pays with credit card.. So you are saying because the management has records of it coming in from unit and we dont physically have the funds that it is ok.. and we should wait til the credit card company posts it into our checking account of 4 days later the 29th. Im just trying to understand. This is how the manager feels about it. My question If we get audited. How is the auditor going to feel about it. When thee is a rule to follow and the funds are not physically present during the audit. and she wonders why isnt their a late fee on this account.becasue she is doing the audit on the 27th.
RoyalP
Posts: 1,104
Posted:
Debts are paid in full at the time of payment tendered by the debtor.

If y'all receive payment on the 25th the payment was received on the 25th - done deal.

Y'all are not required to accept credit cards as payment, but, if you CHOOSE to accept them, they are treated like any other form of payment. DATE OF TRANSACTION or ACTUAL RECEIPT rules.

Same with checks or any other accepted form of payment.

Now....................a transaction fee for ALL credit card payments would be wise as y'all EAT 2.75% (or more)

eg. debtor pays with cash afternoon on Friday the 25th - not actually deposited until Monday the 28th

? would you consider them late ?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our owners can pay via electronic each month or set up automatic each month. They can pay via check. No service charge from us.

They can pay by via credit or debit card but there is a service charge. $2 to $4, I forget the fee.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By RoyalP on 02/03/2019 8:28 AM
Debts are paid in full at the time of payment tendered by the debtor.

If y'all receive payment on the 25th the payment was received on the 25th - done deal.

Y'all are not required to accept credit cards as payment, but, if you CHOOSE to accept them, they are treated like any other form of payment. DATE OF TRANSACTION or ACTUAL RECEIPT rules.

Same with checks or any other accepted form of payment.

Now....................a transaction fee for ALL credit card payments would be wise as y'all EAT 2.75% (or more)

eg. debtor pays with cash afternoon on Friday the 25th - not actually deposited until Monday the 28th

? would you consider them late ?

This is not true. If a homeowner is using their bank's bill pay system, they may process HOA payment on the 10th of the month, but we don't receive until the 20th. Why? The bank has to batch cut a check and then mails them. If the HOA policy is late after the 15th, then if the payment is received on the 20th, it is deemed to be late. The date of THEIR transaction has no bearing to the HOA. Payment is DUE on the 1st, the extra time is transit time. The language used is the same as used for the mortgage.

I pay all my bills online, but set them up with the ACTUAL vendor, so they control when they receive payment after I authorize the transaction. Technically the bank's billpay system is much slower than you writing a check from your checkbook and mailing it yourself.

As far as credit card payments, I have not had one done in 4 years. The $15.00 charge by the card processor is prohibitive and I try and do a workaround for a client. I have about 50% on ACH and it works like a charm.

I have a couple of people pay by cash. I post to their account same day, give them a receipt and then write a check to deposit from our account. Our bank is in another state.
LisaD6 (Maryland)
Posts: 77
Posted:
Not late . Because management physically has the cash in hand. CC the cash is not in hand. nor is it the fees physically being in the account from the cc company. either. thats where my issue comes from.
JenniferG11 (Texas)
Posts: 667
Posted:
Making sure a check from bill pay arrives on time is not the same thing as being responsible for processing time of a cc payment. That is on your end. They are paying on time.
RoyalP
Posts: 1,104
Posted:
Quote:
Posted By RichardP13 on 02/03/2019 9:18 AM
Posted By RoyalP on 02/03/2019 8:28 AM
Debts are paid in full at the time of payment tendered by the debtor.

If y'all receive payment on the 25th the payment was received on the 25th - done deal.

Y'all are not required to accept credit cards as payment, but, if you CHOOSE to accept them, they are treated like any other form of payment. DATE OF TRANSACTION or ACTUAL RECEIPT rules.

Same with checks or any other accepted form of payment.

Now....................a transaction fee for ALL credit card payments would be wise as y'all EAT 2.75% (or more)

eg. debtor pays with cash afternoon on Friday the 25th - not actually deposited until Monday the 28th

? would you consider them late ?


This is not true. If a homeowner is using their bank's bill pay system, they may process HOA payment on the 10th of the month, but we don't receive until the 20th. Why? The bank has to batch cut a check and then mails them. If the HOA policy is late after the 15th, then if the payment is received on the 20th, it is deemed to be late. The date of THEIR transaction has no bearing to the HOA. Payment is DUE on the 1st, the extra time is transit time. The language used is the same as used for the mortgage.

I pay all my bills online, but set them up with the ACTUAL vendor, so they control when they receive payment after I authorize the transaction. Technically the bank's billpay system is much slower than you writing a check from your checkbook and mailing it yourself.

As far as credit card payments, I have not had one done in 4 years. The $15.00 charge by the card processor is prohibitive and I try and do a workaround for a client. I have about 50% on ACH and it works like a charm.

I have a couple of people pay by cash. I post to their account same day, give them a receipt and then write a check to deposit from our account. Our bank is in another state.

The date the check/acceptable method of payment is RECEIVED is the 'record date' of payment.

HOW the HO gets the check to y'all is the HO's problem.

The DATE y'all receive payment is Y'ALL's problem.

ps. i pay 'my' HOA via bank bill-pay / arranged date for MAILING by bank is the 3rd / due date = 1st, late after 30 days / never a problem
LisaD6 (Maryland)
Posts: 77
Posted:
I agree why do they pay at the last possible time
RoyalP
Posts: 1,104
Posted:
... because they can ...

be happy that they pay

RoyalP
Posts: 1,104
Posted:
eg. your (? visa ?) credit card payment is due no later than the 18th

you have sent a check return receipt requested

it was signed for on the 18th

you are paid

you would be SCREAMING BLOODY MURDER if a late fee were assessed

same-o / same-o
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By RoyalP on 02/03/2019 10:58 AM
eg. your (? visa ?) credit card payment is due no later than the 18th

you have sent a check return receipt requested

it was signed for on the 18th

you are paid

you would be SCREAMING BLOODY MURDER if a late fee were assessed

same-o / same-o

FOR REAL??? In WHAT alternative universe do you live on?

RoyalP
Posts: 1,104
Posted:
FOR REAL

What to Know About Your Payment Due Date
Payment due circled on calendar
β€’β€’β€’
BY LATOYA IRBY Updated January 21, 2019
Whenever you have a balance on your credit card, you're required to make monthly payments toward the balance. Each monthly payment must be made by a certain date determined by your credit card issuer. This date is your payment due date.

Unless your credit card issuer states otherwise, your payment must be received by 5 pm on the due date or you’ll face late payment penalties. Some credit card issuers may extend the payment cut off time to as late as midnight. Check with your credit card issuer to find out the exact time that your payment must be made.


If they receive your check on time you are paid - depositing your check and letting it clear is THEIR problem.

Hence: OVERNIGHT DELIVERY SERVICES WITH SIGNATURES to avoid late fees and/or credit 'burps'.

FindLaw Legal Dictionary
The FindLaw Legal Dictionary -- free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries.

Payment Due Date
payment due date

Contract language specifying when payments are due on money borrowed. The due date is always indicated and means that the payment must be received on or before the specified date. Grace periods prior to assessing a late fee or additional interest do not eliminate the responsibility of making payments on time.

Source: U.S. Department of Housing and Urban Development


SamE2 (New Jersey)
Posts: 310
Posted:
No! They paid you by the due date the fact it doesn't get posted as quickly as you would like is between you and the credit card company. If you wanted you could maybe change the due date for credit card payment but I think that would be petty. Over a year how much money is the association losing? Who pays the processing fees for credit card payments? Why do you have a 25 day grace period?
RichardP13 (California)
Posts: 3,868
Posted:
Sorry, you're confusing credit card due dates with mortgage due dates and HOA dues date.

Credit card due dates are not on regular dates and are different for everyone. You have one due date and miss that date, you're assessed a late fee.

HOA and Mortgages payments are due on the 1st and delinquent after a certain number of days. If you write a check on the 5th, you're legally acknowledging you are making your payment past the due date. Right?
RoyalP
Posts: 1,104
Posted:
My point is that the payment is made when the check is RECEIVED, not when the check clears.

My point is that the payment is made when the charge is ACCEPTED, not when the charge clears/posts.

If the HOA charges a 'late fee' after a certain date, then payments tendered on or before that date are 'good-to-go.

If the HOA does not like credit cards then the HOA need not accept same as payment.

?better? eg.

electric co. will cut power after the 21st if bill not paid

visa tendered and accepted on the 21st

power stays on

D'OH

RichardP13 (California)
Posts: 3,868
Posted:
I think before people here make assumptions, you need to know how payments by credit card works and read their fine print. I have never taken one, but know fully how they work and the length of time it takes to process.
RichardP13 (California)
Posts: 3,868
Posted:
I think before people here make assumptions, you need to know how payments by credit card works and read their fine print. I have never taken one, but know fully how they work and the length of time it takes to process.
LisaD6 (Maryland)
Posts: 77
Posted:
Unit owner pays 5.00 to use credit card...and as for the 25 day Grace time. 29 years condos formed...
LisaD6 (Maryland)
Posts: 77
Posted:
Unit owner pays 5.00 to use credit card...and as for the 25 day Grace time. 29 years condos formed...
TimB4 (Tennessee)
Posts: 21,059
Posted:
In my opinion, and the way it works with my electric company in TN, the date of the payment is the date the CC transaction was done (online or with someone). When the money actually gets to the bank is not relevant (unless it never gets there).

What happens if someone pays with a check on the 25th? Do they incure late fees because it wasn't deposited until the 28th?

Act on it how you would like to be treated.

SamE2 (New Jersey)
Posts: 310
Posted:
When you buy anything with a credit card do you pick it up when the money shows up in the sellers checking account or when you give them the credit card?
JenniferG11 (Texas)
Posts: 667
Posted:
Quote:
Posted By SamE2 on 02/03/2019 5:00 PM
When you buy anything with a credit card do you pick it up when the money shows up in the sellers checking account or when you give them the credit card?

Exactly. And paying any other bill with a credit card is the same way.
RichardP13 (California)
Posts: 3,868
Posted:
What you're failing to realize is that when making a credit payment to the HOA through a third party provider. All your little scenarios you are making the payment directly to the company. Doesn't work the way you like to imagine.

Next back to the Super Bowl.
JenniferG11 (Texas)
Posts: 667
Posted:
Quote:
Posted By RichardP13 on 02/03/2019 6:13 PM
What you're failing to realize is that when making a credit payment to the HOA through a third party provider. All your little scenarios you are making the payment directly to the company. Doesn't work the way you like to imagine.

Next back to the Super Bowl.

The HOA sets it up, so yeah, our 'little scenarios' are correct.
RichardP13 (California)
Posts: 3,868
Posted:
OK, if you say so.
LetA (Nevada)
Posts: 2,679
Posted:
No you should not charge a late fee to a member if they pay on, before or on the same day as the "grace period". How YOU as the HOA gets paid from your financial institution is a contract between your association and the bank. If you want your money sooner, find a different institution.
JustinP2 (Minnesota)
Posts: 5
Posted:
No late fee. When the funds hit your bank account is not reverent.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RichardP13 on 02/03/2019 6:13 PM
What you're failing to realize is that when making a credit payment to the HOA through a third party provider. All your little scenarios you are making the payment directly to the company. Doesn't work the way you like to imagine.

Richard, I make my CC payment to a third party for my TN electric bill.
My payment is registered the day I make it, not the day it shows up on my statement or in the electric companies account. In fact, it states on the site that payment may take 72 hours to show up.

In my opinion, the third party would be acting as the HOAs agent (just as a MC would be acting as the HOA's agent).
SamE2 (New Jersey)
Posts: 310
Posted:
Quote:
Posted By RichardP13 on 02/03/2019 6:13 PM
What you're failing to realize is that when making a credit payment to the HOA through a third party provider. All your little scenarios you are making the payment directly to the company. Doesn't work the way you like to imagine.

Next back to the Super Bowl.

So if the HOA set up the relationship with the third party why wouldn't it be the HOA's problem with how long it takes the HOA to get the money?
RoyalP
Posts: 1,104
Posted:
Quote:
Posted By JustinP2 on 02/04/2019 12:34 AM
No late fee. When the funds hit your bank account is not reverent.

relevant

RoyalP
Posts: 1,104
Posted:
Quote:
Posted By SamE2 on 02/04/2019 6:28 AM
Posted By RichardP13 on 02/03/2019 6:13 PM
What you're failing to realize is that when making a credit payment to the HOA through a third party provider. All your little scenarios you are making the payment directly to the company. Doesn't work the way you like to imagine.

Next back to the Super Bowl.


So if the HOA set up the relationship with the third party why wouldn't it be the HOA's problem with how long it takes the HOA to get the money?

precisely

the HOAS's problem

NOT the payer's

ergo: no late fee

RoyalP
Posts: 1,104
Posted:
Quote:
Posted By RoyalP on 02/04/2019 6:37 AM
Posted By SamE2 on 02/04/2019 6:28 AM
Posted By RichardP13 on 02/03/2019 6:13 PM
What you're failing to realize is that when making a credit payment to the HOA through a third party provider. All your little scenarios you are making the payment directly to the company. Doesn't work the way you like to imagine.

Next back to the Super Bowl.


So if the HOA set up the relationship with the third party why wouldn't it be the HOA's problem with how long it takes the HOA to get the money?


precisely

the HOAS's problem

NOT the payer's

ergo: no late fee


HOA's
LisaD6 (Maryland)
Posts: 77
Posted:
HOA DID N OT SET IT UP. MANAGEMENT DID
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By TimB4 on 02/04/2019 2:53 AM
Posted By RichardP13 on 02/03/2019 6:13 PM
What you're failing to realize is that when making a credit payment to the HOA through a third party provider. All your little scenarios you are making the payment directly to the company. Doesn't work the way you like to imagine.


Richard, I make my CC payment to a third party for my TN electric bill.
My payment is registered the day I make it, not the day it shows up on my statement or in the electric companies account. In fact, it states on the site that payment may take 72 hours to show up.

In my opinion, the third party would be acting as the HOAs agent (just as a MC would be acting as the HOA's agent).

Are you logging into your electric company's website and paying your bill through the options provided. In this case you linked through a portal.

If one of our customers logs into the web portal for the HOA and wants to pay their bill, payment will be reflected when they process a payment.

I do this for a living and have to set the systems up on my end. They don't always work they way you think they should work.

Again, I have never taken a credit card payment in 4 years, once in maybe 7 years.

RichardP13 (California)
Posts: 3,868
Posted:
The OP's original dealt with ACH and Credit Cards.

ACH is set up by a party, like the management who uses the homeowners banking account information to withdrawn their assessments on a pre-determined date every month. Mine is the 5th (unless a Sunday or holiday) The software creates the file, I send to the bank's portal and funds are withdrawn on the date specified. Once the funds are transferred, the accounts are updated with the payment date of the funds transferred. Very simple process.

How credit cards are handled, well, they are all over the place. I know the timelines for me in different scenarios, but can't speak for others.

People think if they do bill pay that once the funds are taken out of their account, the HOA has their money. NOPE. You go online to pay a bill, fill out all the information and hit send. The money is withdrawn from your account, and file is sent to be printed and a check is printed and mailed to the payee. It can take up to ten days to reach its destination. Did you know you are still charged the amount even if the check is never cashed until you question it?

Here is how I process late fees. I will use the 15th being on a Friday. All accounts managed have due on the 1st and delinquent on the 16th.

1) If the 15th is on a Friday, then late fees are assessed on the 16 and statements are processed and mailed on the 18th.
2) If the 15th is on Saturday, then late fees are assessed on the 17th and statements processed and mailed on the 18th.
3) If the 15th is on Sunday, then late fees assessed on the 16th and statements processed and mailed on the 18th.

If a customer calls about the late fee I have the authority to waive the fee and have done so on numerous occasions.

Word to the wise, if payment is mailed on the payment never go to a judge and tell them I made my payment by the due date.
SheliaH (Indiana)
Posts: 6,964
Posted:
Our fees are also due on the first, but considered late if not paid by the 10th of the month, REGARDLESS of how the money comes in. That means if our property manager hasn't received the fee by close of business on the 10th, it's late.

The reason you care when it gets to the HOA account is because there are bills to pay and creditors want their money - they don't care (nor should they) how long it takes you to collect from whoever's supposed to be paying you. As a former HOA board treasurer, I wouldn't ignore this at all (that's how some HOAs get into financial trouble in the first place), so nuts to #s 1, 2 and 3.

Our homeowners know (or should know) they can pay online (there's a service fee) through the property manager's website or through their own bank. They can also stop by the property manager's office to drop off the money (they get a receipt, so as long as they got it before the office closed, they're good). As for US Mail, we always told people to allow at least 7-10 business days (we didn't count weekends or holidays) to ensure the money was sent and received on time (it doesn't matter what the postmark says - if the money isn't in the office, it's late)

There was a time that our property manager would forgive a late fee on her own, but when I was treasurer, I suggested (and the board agreed) to put a stop to that. If you want the fee forgiven, you have to appeal to the board (the property manager could pass along your request for consideration at the next meeting, but in the meantime you had to pay). Most of the time, we didn't forgive it because there are so many options to pay the fee on time - the few times we did, the homeowner usually had some sort of medical emergency and an excellent payment history prior to that.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LisaD6 (Maryland)
Posts: 77
Posted:
Did not mean capitals sorry everyone. I had to go into an appt. Did not verify..oopsie
RoyalP
Posts: 1,104
Posted:
Quote:
Posted By LisaD6 on 02/04/2019 7:43 AM
HOA DID N OT SET IT UP. MANAGEMENT DID

Management is an agent of/for the HOA.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Hi Richard,

Yes, I am linked to a third party website through a portal.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I will say that in my eight years of being treasurer, I have only had a few requests about credit cards (we do not accept them - yet).

JoyceR2 (Virginia)
Posts: 156
Posted:
Amen!

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