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BeverlyR5 (Georgia)
Posts: 1
Posted:
My HOA said that I owe them $600.00 in past due Association Fees. When I went on line to pay my quarterly bill of $150.00, it said that I owed $750.00. I called the management company to see why my bill said $750, because I had checked every quarter on line and it said 0.00 balance. The Association manager said they have a new auditor and my name was not put in the system to be billed quarterly, then she said they will give me 90 days to pay the $600.00 and if I don't agree to pay in 60 days they will send it to collections.
My questions why should I have to struggle and pay $600.00 in 90 days, when I never received a bill or any kind of notice, it's not my fault they have a new auditor and I was not entered in their system or on the mailing list. Is there anything I can do to get this matter resolved, I don't mind mind paying the $600.00, but I need some sort of payment plan, not $200 a month starting in May 2022, it's not my fault that I never received a bill, and there was no apology.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Hate to break it to you but whether or not you get a "bill" does not mean you don't owe money. A bill or notice of payment is just simply a reminder to pay a debt on a certain date. It isn't an excuse to not pay the bill if you don't see one. It's built into the HOA rules you pay dues whether or not you get notice.

BTW: Our HOA we paid monthly. Never sent out a bill to anyone. It was written in our CC&R's. Plus the payment box was at the front entrance at the mailboxes.

You knew you were in a HOA and an HOA requires payment. Maybe you can make payment arrangements before you go into collections.

Former HOA President
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By BeverlyR5 on 04/07/2022 2:39 PM
My HOA said that I owe them $600.00 in past due Association Fees. When I went on line to pay my quarterly bill of $150.00, it said that I owed $750.00. I called the management company to see why my bill said $750, because I had checked every quarter on line and it said 0.00 balance. The Association manager said they have a new auditor and my name was not put in the system to be billed quarterly, then she said they will give me 90 days to pay the $600.00 and if I don't agree to pay in 60 days they will send it to collections.
My questions why should I have to struggle and pay $600.00 in 90 days, when I never received a bill or any kind of notice, it's not my fault they have a new auditor and I was not entered in their system or on the mailing list. Is there anything I can do to get this matter resolved, I don't mind mind paying the $600.00, but I need some sort of payment plan, not $200 a month starting in May 2022, it's not my fault that I never received a bill, and there was no apology.
-- Please confirm: Is the HOA trying to bill you for the annual amount of $600, while you want to pay only a quarter at a time?

-- What do your governing documents say about paying the annual assessment? Do the governing documents state that an owner may pay quarterly without penalty?

-- Is the $600 the HOA is trying to collect for the last 12 months? Or is it for the coming 12 months?

-- The courts say that the covenants being recorded with the county serve as legal notice of the terms for your payment of the HOA assessment.
SheliaH (Indiana)
Posts: 6,964
Posted:
I went through something similar with my phone bill recently. I hadn't receive a bill last month and when this month's Bill showed up, it has two months worth of bills and a late fee. I called and told the phone company the same thing, but the lady said "hey, you have an online account, so you could have easily gone online and seen the bill that way.". Didn't get anywhere after some back and forth.

Fortunately ,the bill wasn't crazy, so I paid it (then did a serious review of the service to take some things off to reduce it!). Although I still think it wouldn't have killed the phone company to take off the late fee, given my previous billing history (which is quite good,) I can see their point. Same thing here - you knew the assessments were paid quarterly and where the bills were supposed to be sent so you could have mailed a check and keep calling to ensure they had your contact information. If you racked up $600, that's about a year's worth, assuming you pay every three months. After two months, it should have occurred to you to follow up when you didn't hear anything.

I dont know what an auditor has to do with the bookkeeping piece of your situation, which usually keeps track of when the payments come in. At this point, I think the best you can do is talk to the board, tell them what happened and request a payment plan. Tell them what you were told and who you spoke to. I was treasurer of my HOA and I might give you one if you had a decent payment history but you'd have six months or so to pay it off. If you pay it off sooner, I'd drop the late charges. But that's just me.

However this ends, you may want to consider an automatic payment option so you know the bill will be paid on time. You can do that through your bank or the association may have a program. Good luck!


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,062
Posted:
If the fees were equally charged to all, you would still owe them. If the board forgave them, they would have to issue you a 1099-C for cancellation of the debt. That amount would then be considered income on your personal taxes.

I believe that the best you could get is an extension to pay.

You have good arguments to be given any additional time you might need.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Ask them for a payment plan because you cant afford it.
MichaelT21 (Arkansas)
Posts: 501
Posted:
Quote:
Posted By BeverlyR5 on 04/07/2022 2:39 PM
My HOA said that I owe them $600.00 in past due Association Fees. When I went on line to pay my quarterly bill of $150.00, it said that I owed $750.00. I called the management company to see why my bill said $750, because I had checked every quarter on line and it said 0.00 balance. The Association manager said they have a new auditor and my name was not put in the system to be billed quarterly, then she said they will give me 90 days to pay the $600.00 and if I don't agree to pay in 60 days they will send it to collections.
My questions why should I have to struggle and pay $600.00 in 90 days, when I never received a bill or any kind of notice, it's not my fault they have a new auditor and I was not entered in their system or on the mailing list. Is there anything I can do to get this matter resolved, I don't mind mind paying the $600.00, but I need some sort of payment plan, not $200 a month starting in May 2022, it's not my fault that I never received a bill, and there was no apology.

Beverly,

I want to be very clear. Make a partial payment today, for whatever amount you can (even if $1.00). Send a proposed payment plan to your property manager that you can afford and ask that he / she circulate it to the Board for approval. Make sure that the property managers knows you made a partial payment today.

The Board is the decision making authority in your community, and the Board is made up by people who are your neighbors. They are likely reasonable people. I can't speak for your Board, but our Board would happily extend a payment plan to you based on whatever ability you have to pay. Making a partial payment prior to the request shows good faith, even if the partial payment is for a small amount.
MichaelT21 (Arkansas)
Posts: 501
Posted:
Quote:
Posted By TimB4 on 04/07/2022 5:03 PM
If the fees were equally charged to all, you would still owe them. If the board forgave them, they would have to issue you a 1099-C for cancellation of the debt. That amount would then be considered income on your personal taxes.

I believe that the best you could get is an extension to pay.

You have good arguments to be given any additional time you might need.

No, we are 100% able to cancel late fees and interest without sending a 1099-C to the homeowner.

We cannot waive dues, but can offer payment plans with no penalties.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By MichaelT21 on 04/07/2022 8:19 PM
Posted By TimB4 on 04/07/2022 5:03 PM
If the fees were equally charged to all, you would still owe them. If the board forgave them, they would have to issue you a 1099-C for cancellation of the debt. That amount would then be considered income on your personal taxes.

I believe that the best you could get is an extension to pay.

You have good arguments to be given any additional time you might need.


No, we are 100% able to cancel late fees and interest without sending a 1099-C to the homeowner.

We cannot waive dues, but can offer payment plans with no penalties.

I interpreted Beverlys post that the "fees" were assessments, not late charges.

Assessments are a contractually owed debt. Hence the need for a 1099-C if waived.
Late charges are penalties and are treated differently.
BancsS
Posts: 269
Posted:
Quote:
Posted By AugustinD on 04/07/2022 3:54 PM
Posted By BeverlyR5 on 04/07/2022 2:39 PM
My HOA said that I owe them $600.00 in past due Association Fees. When I went on line to pay my quarterly bill of $150.00, it said that I owed $750.00. I called the management company to see why my bill said $750, because I had checked every quarter on line and it said 0.00 balance. The Association manager said they have a new auditor and my name was not put in the system to be billed quarterly, then she said they will give me 90 days to pay the $600.00 and if I don't agree to pay in 60 days they will send it to collections.
My questions why should I have to struggle and pay $600.00 in 90 days, when I never received a bill or any kind of notice, it's not my fault they have a new auditor and I was not entered in their system or on the mailing list. Is there anything I can do to get this matter resolved, I don't mind mind paying the $600.00, but I need some sort of payment plan, not $200 a month starting in May 2022, it's not my fault that I never received a bill, and there was no apology.
-- Please confirm: Is the HOA trying to bill you for the annual amount of $600, while you want to pay only a quarter at a time?

-- What do your governing documents say about paying the annual assessment? Do the governing documents state that an owner may pay quarterly without penalty?

-- Is the $600 the HOA is trying to collect for the last 12 months? Or is it for the coming 12 months?

-- The courts say that the covenants being recorded with the county serve as legal notice of the terms for your payment of the HOA assessment.

Augustin is asking some relevant questions. I think some of the posters here are being a bit unfair without getting all of the information. Beverly went on-line to pay and was surprised to see the $600 in past due Association fees when she was previously allowed to pay $150 quarterly. She did exactly as I would have done and phoned the property manager. The property manager gave her some lame excuse that the new auditor failed to add her to the quarterly payment list. My next move would be to contact a board member and ask for their assistance to straiten out the mistake.

She's not some deadbeat homeowner not paying their assessments. SHE WENT ON-LINE TO PAY. Some of the criticism on this site amazes me when all the facts are not presented. Beverly has yet to answer Augustin's questions. I, for one, am giving Beverly the benefit of the doubt if and when she returns to the site to clarify her position. I will be surprised if she does.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We are not attacking Beverly and think we all agree a mistake was made. We are answering to the fact the money is still owed whether or not you see a bill statement. She said did not see a bill until viewed online. That indicates that this money has been sitting there for some time owed. Broken payments down or not it is not going to be forgiven.

Former HOA President

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