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JackS15 (Massachusetts)
Posts: 84
Posted:
My condo management Company did not receive my condo fee's check even though it was sent electronically through my back on the first of the month. So I guess it got lost in the mail or the condo management company misplaced it and never cashed the check. Now they want to charge me a late fee for this. Should I pay it or fight it? I have proof from my back it was mailed and who is to say they didn't just lose it on purpose to keep charging me late fees.
ND (PA)
Posts: 792
Posted:
Seems like something easily resolved with a quick phone call, email, or discussion with your Management Co . . .

Unless you're repeatedly late, just promise to drop the check in the mail and request they remove the late fee as a one-time courtesy.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
You said it was sent electronically and then said it must of been lost in the mail or never cashed. Which is it? Electronic or mail? If it was electronic you should have a bank record that verifies the funds were sent. If it was regular mail the envelop should have had a post mark date. Somethings missing here...
SheliaH (Indiana)
Posts: 6,964
Posted:
Some have asked if it was sent by mail or electronically - and there is a difference. It sounds like you have a service where you contact the bank so it can make the payment and it sends out a check. That's what my bank does if the vendor doesn't have electronic banking capabilities (which is VERY rare these days) and the money gets there the same day or the next.

Our association's policy is payment's due on the first of the month, but is considered late if not received by our property manager by close of business on the 15th of the month, REGARDLESS of how it's paid. We also tell people that if their checks are being mailed (by the bank or themselves), they need to allow 5-7 business days for it to arrive on time.

That may be what caused you to be assessed a late fee, so you have a few more questions to ask your bank on how the payment works and then go back to the property manager and ask precisely when the check arrived. It's possible that it got misplaced, in which case you shouldn't have to pay the late fee. However, if it arrived even a day after the due date, you're on the hook for the late fee. Next time, plan accordingly or ask your property manager about electronic payments - perhaps automatic deductions every month would work better for you (although I personally prefer to dictate what goes out and to whom!)

All of this said, if you were in my community and I were still on the board, I might suggest that we waive the late fee if you've had a good payment history up to this point.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jack

What you say is contradictory. Either it was electronically transferred or it was "snail" mailed. Which was it?
TimB4 (Tennessee)
Posts: 21,059
Posted:
I suspect that Jack is using his Banks bill pay service.
A Bill pay service will transfer funds electronically if the recipient is set up for that.
Otherwise, the bank will write a check on the clients behalf and place it in the mail.

It should be noted that the account holder specifies what date the bill pay should be sent or (in the case of some banks) received by. With this date being completely controlled by the account holder, I, as treasurer, would waive the first late charge but not repeated late charges.

I also encouraged members of our Association to allow for mail delays and have the bank issue the check at least 10 days earlier then the receive by date. For those that followed that advice, the issue didn't repeat.

Jack,

I agree with the advice provided by others:

Contact your bank for proof when the check was issued.
Provide this proof along with a new check to your management company.
Ask that they remove the late charge as a courtesy.
FredS7 (Arizona)
Posts: 927
Posted:
My association has mixed up my electronic payment once or twice, crediting it to the master association.

Always promptly corrected after an email with no late fee assessed.

GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By JohnC46 on 06/13/2019 5:32 PM
Jack

What you say is contradictory. Either it was electronically transferred or it was "snail" mailed. Which was it?

I thought this, too, but apparently (some) banks will generate an actual paper check and mail it under certain circumstances. The only way I could ever arrange electronic payments out of my checking account was to find the payee on the bank's list of pre-determined payees. If I needed to send a payment to someone not on that list, doing it electronically wasn't an option.

This is news to me.
MarkW18
Posts: 1,290
Posted:
Payments are handled three ways by a management company

1) homeowner mails a check from their checkbook and mail to an address supplied by management.
2) homeowner does bill pay through their bank or that of the association, set up by the management. Either way a paper check is created and mailed, never done electronically as the association's bank's routing number and account would never be given out.
3) ACH in which the funds would be electronic taken on a set day of each month. This would be set up by the management company or a large HOA.

If people would read their CCR's, HOA payments, just like mortgage payments, are due on the 1st day of the month and become delinquent after the 15th. Some association will have different end dates, but the concept is the same.

People should also be very careful on how they do bill pay and how their bank handles the withdrawal. You made start the bill pay on the 10th, but bit may not be received until the 18th, at which time it will be deemed late.

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