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MartinM2 (California)
Posts: 2
Posted:
Hello Forum,

New to the site here. Been reading replies and looks to be quite helpful.

Just moved in to a townhome less than 4 months ago and was given the HOA President position. There are only 3 townhomes (3 owners) which didn't seem too difficult to manage. Out of the other 2 homeowners, one has lived here for just over a year and the other for over 25 years. The newer homeowner is no problem at all. The homeowner that's been here for 25+yrs is a whole different long story. She has had an ongoing issues with the previous owners/HOA and chooses to continue with her complaints with us new owners. More about that in another discussion I can start.

With this discussion, I am having a difficult time having this homeowner pay the way the HOA voted by majority is to use direct deposit to pay HOA dues which is the safest and most convenient, efficient way to pay. And that HOA dues are no longer being placed in other mailboxes.

She has continued to leave her checks in our mailbox using a piece of paper wrapped around her check and taped together. The paper only says HOA. No sealed envelope, no name addressed to, not letting anyone know when it was placed in there or any proof with an image and date stamp that it is in the mailbox.

She has her so-called attorney as her proxy, handling her HOA affairs which I need to communicate with. He was present and witnessed the majority vote for direct deposits. Still his client has continued to pay this way.

What can I do? She is not a pleasant neighbor and majority of people in the neighborhood we met so far have a negative opinion about her. She is fully capable physically to bring her check to the back and pay at the counter. The bank is 2 blocks away. Her attorney can tke her check there as well.

Is it the HOA President's responsibility to physically deposit others HOA dues into the account? Even after the majority vote was to pay by direct deposit? I told her proxy that if she finds the direct direct too inconvenient for her, she can continue to pay by check and pay directly at the bank herself. Or he can do it for her. I asked for him to send written proof that it is the President's duties to physically get others HOA dues in the account. I have yet to recieve anything.

Any suggestions? Thank you in advance for any helpful input.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Only 3 town homes in the development or 3 owners on the board ?

You can't force individuals to pay one way over another.
Technically, they could give you cash.

If your mailbox is for US Mail, you might want to explain that she is in violation of the postal code,
see: Mailbox access restricted to postage paid U.S. Mail

That said, personally, I would be happy that they are paying their assessment on time and in full vs. how they are paying it.
Yes, it takes more time to make a deposit of checks. To be honest, that is simply part of the job. Actually, the responsibility would be the Treasurers.

See: HOA 101: Understanding the Role of the Board Treasurer
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 07/21/2022 3:07 PM
Only 3 town homes in the development or 3 owners on the board ?

You can't force individuals to pay one way over another.
Technically, they could give you cash.

If your mailbox is for US Mail, you might want to explain that she is in violation of the postal code,
see: Mailbox access restricted to postage paid U.S. Mail

That said, personally, I would be happy that they are paying their assessment on time and in full vs. how they are paying it.
Yes, it takes more time to make a deposit of checks. To be honest, that is simply part of the job. Actually, the responsibility would be the Treasurers.

See: HOA 101: Understanding the Role of the Board Treasurer

I agree. If paying the full amount on time, I would be happy.
MartinM2 (California)
Posts: 2
Posted:
Thank you for commenting. There is only 3 townhomes/one structure. And 3 homeowners. We voted in majority to pay by direct deposit to stop checks being placed in US mailboxes for liability reasons. I can share this postal code link with her proxy. Thank you for that. This may help.

She is only doing this to be pain in the _ _ _ like she has been for many years now which I am learning.

With what you are saying, even though the HOA voted for direct deposit, can't force someone pay one way or another? She has paid in full and on time so if her choice is to continue to pay by check, she either needs to take to the bank herself or she would need to mail her check properly our address?
Is there a way to have her take full responsibility for her own dues to physically get deposited into the account? And not someone else (me) have to take it there for her? If she was nice, sure I would, but she has not been the most pleasant neighbor thus far.

There are no VP's, Treasurer, security, etc. Just me as President.

JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By MartinM2 on 07/21/2022 4:25 PM
Thank you for commenting. There is only 3 townhomes/one structure. And 3 homeowners. We voted in majority to pay by direct deposit to stop checks being placed in US mailboxes for liability reasons. I can share this postal code link with her proxy. Thank you for that. This may help.

She is only doing this to be pain in the _ _ _ like she has been for many years now which I am learning.

With what you are saying, even though the HOA voted for direct deposit, can't force someone pay one way or another? She has paid in full and on time so if her choice is to continue to pay by check, she either needs to take to the bank herself or she would need to mail her check properly our address?
Is there a way to have her take full responsibility for her own dues to physically get deposited into the account? And not someone else (me) have to take it there for her? If she was nice, sure I would, but she has not been the most pleasant neighbor thus far.

There are no VP's, Treasurer, security, etc. Just me as President.


Is your name on the bank account? If so most major banks now let you deposit checks using their phone app. You wouldn't have to there.
MaxB4
Posts: 3,513
Posted:
Sorry, it is an inconvenience for you to deposit checks, but there is no state statue that would allow the association to dem and a certain form of payment. It is nice you all agreed, but it isn't enforceable.

The state also would have an issue with your filing certain corporation forms listed only one person as president. Their require the names of the president, secretary and treasurer to be legal.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Is your Association incorporated?

If it is, and I think it should be, then you are required by corporate statute to have a president, treasurer and secretary.
LetA (Nevada)
Posts: 2,679
Posted:
Not much you can do, you are required, to accept their payment. If they wanted to write you a check writing the account and routing number on
a pair of dirty underwear, you have to take it.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I agree with LetA... Also make it clear it is illegal to put anything in a mailbox without a stamp on it. The post office can get involved with that. Which is on the Federal level. They have postal inspectors that act like "police" for the postal service. If they want to keep giving a check they have to mail it with a stamp on it. That may change their mind once they find out they can't just put it in a mailbox... Unless you have a separate locked box for dues payments set up...

Former HOA President
DerekW2 (Washington)
Posts: 5
Posted:
Do you have bylaws set up?

do you have CC&R'S

registered as non=profit with state.

etc..

a lot of the basic requirements of an HOA should be listed under the state RCW website.

also, most HOA's require a board, (president, vp, sec/tres, and 2 or more board members.)

we have some that mail their checks to the bookkeeper.

some that mail their checks to our HOA Mail box.

some that don't pay until we send them to collections, (yearly process)

either way, if it's being paid and current on their dues, not much you can do, but to record it and keep moving on with your duties.

sarcastic side of things you could send back a thank you card written in crayon and lollipop in response.

HOA PRESIDENT
DerekW2 (Washington)
Posts: 5
Posted:
Do you have bylaws set up?

do you have CC&R'S

registered as non=profit with state.

etc..

a lot of the basic requirements of an HOA should be listed under the state RCW website.

also, most HOA's require a board, (president, vp, sec/tres, and 2 or more board members.)

we have some that mail their checks to the bookkeeper.

some that mail their checks to our HOA Mail box.

some that don't pay until we send them to collections, (yearly process)

either way, if it's being paid and current on their dues, not much you can do, but to record it and keep moving on with your duties.

sarcastic side of things you could send back a thank you card written in crayon and lollipop in response.

HOA PRESIDENT

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