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KimT2 (Pennsylvania)
Posts: 23
Posted:
We received a $400 fine from our HOA over a shed. We wrote the check, mailed it, and waited. It wasn't cashed in 8 weeks so we stopped payment on the check.
Board found out we stopped payment, demanded another check. We gave it to them and wrote a letter asking them to cash it within 14 days or we would stop payment on it too.
Well - they sent another letter stating they will contact the lawyer again if we stopped payment.
What I need to know is - how long can a HOA hold a check for payment before cashing it?
Why would they not just cash the check??
RaymondC (Minnesota)
Posts: 64
Posted:
I don't have an answer to the specific question, but I keep wondering why you would care if they ever cashed it. It costs money to stop payment, and gains you nothing much, except perhaps some misguided sense of control. Hopefully you have an interest bearing checking account, and they take ten years to cash it. :-)

Good luck. I'm sure someone hear has a specific number for you, but it probably varies by the bank, if they even notice the date.

KimT2 (Pennsylvania)
Posts: 23
Posted:
It's just a power trip (game) for the board. If you write your check to pay a debt why wouldn't the other party cash it?? What is the point of them holding it for months ?
PaulM (Pennsylvania)
Posts: 1,347
Posted:
KimT2: The only problem for you is that it could take awhile for your checking account balance to catch up with your 'actual' checkbook balance.
And, I believe, a valid check cashing time period can be over 60 days, but, to know the actual time, check with your bank.
TomS9 (New Jersey)
Posts: 4
Posted:
AS I former banker, it is my understanding that under the Uniform Commercial Code, a check is considered stale dated after six (6) months. After which time a bank may or may not return the check. Simply carry it as an outstanding item and after a reasonable time, make an inquiry of the 'payee' as to whether or not they 'lost' the check.
Jadedone4 (Virginia)
Posts: 495
Posted:
KimT2, I can understand the "stop payment" on the first draft, but what purpose does it do to "demand" that the HOA cash your check the second time around in 14 days?

I would have purchased a bank check, delivered to HOA certifed mail/receipt, requested that the HOA provide a receipt, and forgotten about it.

It is not as if you are asking a question (or disputing) the actual fine.... appears to be valid, as you agreed to pay.

JoeW1 (New York)
Posts: 728
Posted:
Quote:
Posted By KimT2 on 09/10/2007 2:12 PM
It's just a power trip (game) for the board. If you write your check to pay a debt why wouldn't the other party cash it?? What is the point of them holding it for months ?

KimT2 - A power trip for the Board or for you? It seems you're waisting everyone's time with this nonsense. Write the check, get a bank check or show up in person and pay cash with and a get a receipt for god's sake.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I have a feeling there is more to this $400 fine that meets the eye here. What exactly is the fine about? I understand it had something to do with a shed? Was the fine for putting one up without permission or did the HOA pay someone to remove the shed? I'd like to know more about the circumstances on how the $400 fine came to be. It will make a difference on the advice.

Did you clean up or clear up the issue that caused the fine in the first place? The HOA may have held the check because they want the compliance to occur. You get fines because your not in compliance for something and it's supposed to force you into complying. So I don't know at this point if you have complied. If you haven't they may be holding the check until they are satisfied.


Former HOA President
KimT2 (Pennsylvania)
Posts: 23
Posted:
Oh - there's much more to the story. ** long reply warning**

We put up a shed in our back yard. Didn't submit plans for it. (None of the other 10 houses submitted plans either, but now all of a sudden they want to enforce the covenants.)
Anyway - they started sending letters demanding the shed be removed. We tried to communicate with them in person, and by mail. We asked them what kind of information they needed about the shed, and wondered why we were the only ones required to submit plans. (The shed sat in our yard for 18 months before they told us to remove it.)
We tore the shed down at their request, submitted pictures and plans, and it was approved. We then put the shed back up and thought all was okay. Then 4 months later we get a $400 bill in the mail for lawyer fees surrounding shed.$400 for telephone conversations between the VP of the HOA and the lawyer.
My husband saw the Pres. of the HOA in his yard talking to the Secretary. He walked up, shook his hand, and asked if he could tell him exactly what the $400 fee was for. The Pres state " It's a $400 asshole fee, and if you keep messing with us you'll get another one."
Well - long story short - we knew we would never win against a HOA, and we wrote the check. In the memo section I wrote exactly what the Pres. said the fee was for (asshole fee). They did not like that so they held the check for 6 weeks asking for another one with the memo removed. Sorry - I write what the check is for in the memo section of all my checks. If they didn't like that, then they shouldn't have made that statement.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So the $400 isn't really a "fine" it's recovering of damages instead. Legal costs can be considered "damages" and not fines. That is the way the HOA can force you into paying. If it was fines, they most likely can't lien you for it, damages, they can.

I do like the comments section! I'd laugh my head off if I saw that! Maybe they wanted to frame the check instead of cashing it! Too funny!

Former HOA President
KimT2 (Pennsylvania)
Posts: 23
Posted:
Quote:
Posted By MelissaP1 on 09/12/2007 12:37 PM
So the $400 isn't really a "fine" it's recovering of damages instead. Legal costs can be considered "damages" and not fines. That is the way the HOA can force you into paying. If it was fines, they most likely can't lien you for it, damages, they can.

I do like the comments section! I'd laugh my head off if I saw that! Maybe they wanted to frame the check instead of cashing it! Too funny!

They sent a letter with a copy of the minutes they had spent on the phone with the lawyer. It said the $400 was legal fees.
Yeah - the memo section on the check was something they could not control. That's probably what made them the maddest. They love control and power !
Jadedone4 (Virginia)
Posts: 495
Posted:
KimT, question... wouldn't you rather be just done and over with this situaiton with the HOA? Pay the fine, leave out the personal stuff in the "memo" line (yes it was funny to us, but not everyone will take that approach).

To be quite honest this is like going to the zoo, poking fun of an animal and then crying "foul" if the animal tosses some poop in your face...

If you felt the that the shed was "picked" on (because of the others, and the fact that they waited over a year to contact you), then I would have fought it there - you may have had a better chance towards a waiver.

Now guess what happens when you submit a legitimate request from the HOA.....?
KimT2 (Pennsylvania)
Posts: 23
Posted:
Quote:
Posted By Jadedone4 on 09/12/2007 3:12 PM
KimT, question... wouldn't you rather be just done and over with this situaiton with the HOA? Pay the fine, leave out the personal stuff in the "memo" line (yes it was funny to us, but not everyone will take that approach).

To be quite honest this is like going to the zoo, poking fun of an animal and then crying "foul" if the animal tosses some poop in your face...

If you felt the that the shed was "picked" on (because of the others, and the fact that they waited over a year to contact you), then I would have fought it there - you may have had a better chance towards a waiver.

Now guess what happens when you submit a legitimate request from the HOA.....?

Are you on my HOA ?? No - wait, you just seem to have the personality of 3 or 4 people on my HOA... I didn't ask you for advice on what I wrote on the check. I know it was funny, and well deserved. One of those "you gotta know 'em " situations. Whatever.....

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