Method of payment for dues

FranC2 (Florida)
Posts: 19

Posted:

My HOA requires residents purchase a money order or cashiers check as payment for dues. We currently have a new board, but the prior HOA president allowed me to pay by check as I’m disabled and I don’t drive. They recently sent me a letter stating personal checks will not be accepted because of problems with bounced checks (not mine).

There is no contact phone number for them and their Facebook page requires pre-approval for any post, needless to say they not only will not approve a post on this topic but downright ignores them & the email I sent.

Am I being unreasonable? Is this even legal in the state of Florida?

Thanks for any insight you can provide.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You can set up to pay a bill via your bank. They have online bill paying capabilities can use. Much better than money orders.

Most Chinese restaurants have never accepted checks. So it's not unusual for this type of payment not to be accepted.

Former HOA President

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By MelissaP1 on 07/22/2022 4:51 PM
You can set up to pay a bill via your bank. They have online bill paying capabilities can use. Much better than money orders.

Most Chinese restaurants have never accepted checks. So it's not unusual for this type of payment not to be accepted.

Makes sense. Chinese restaurants and HOA's are similar.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By FranC2 on 07/22/2022 4:47 PM
My HOA requires residents purchase a money order or cashiers check as payment for dues. We currently have a new board, but the prior HOA president allowed me to pay by check as I’m disabled and I don’t drive. They recently sent me a letter stating personal checks will not be accepted because of problems with bounced checks (not mine).

There is no contact phone number for them and their Facebook page requires pre-approval for any post, needless to say they not only will not approve a post on this topic but downright ignores them & the email I sent.

Am I being unreasonable? Is this even legal in the state of Florida?

Thanks for any insight you can provide.

Whether or. It it is legal in Florida, you can certainly make a fair housing request for reasonable accommodation, stating that your disability makes it difficult to obtain a money order or cashiers check. If they force you to sue they will lose.

One of the examples given IBS HUD and the US DOJ includes something similar:

Example 2: A housing provider has a policy of requiring tenants to come to the rental office in person to pay their rent. A tenant has a mental disability that makes her afraid to leave her unit. Because of her disability, she requests that she be permitted to have a friend mail her rent payment to the rental office as a reasonable accommodation. The provider must make an exception to its payment policy to accommodate this tenant.

FranC2 (Florida)
Posts: 19

Posted:

Yes, I suggested bill pay to them, they have so far ignored my request.

Thanks.

FranC2 (Florida)
Posts: 19

Posted:

Thanks for the tip David, something to think about.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By MelissaP1 on 07/22/2022 4:51 PM
You can set up to pay a bill via your bank. They have online bill paying capabilities can use. Much better than money orders.

Most Chinese restaurants have never accepted checks. So it's not unusual for this type of payment not to be accepted.

The back will simply send them a check, which the HOA has said is not an acceptable form of payment.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By DavidG45 on 07/22/2022 7:19 PM

Posted By MelissaP1 on 07/22/2022 4:51 PM
You can set up to pay a bill via your bank. They have online bill paying capabilities can use. Much better than money orders.

Most Chinese restaurants have never accepted checks. So it's not unusual for this type of payment not to be accepted.

The back will simply send them a check, which the HOA has said is not an acceptable form of payment.

Bank

MelissaP1 (Alabama)
Posts: 13,836

Posted:

My example of Chinese restaurants not taking checks is an example that checks are NOT accepted in other areas besides HOA's. It is not an uncommon practice to not take checks. Although my experience has been HOA's taking checks. It's not unlike taking a rental payment. It does offer some form of record keeping and maybe some protections. Plus can charge bounce check charges. However, if you have a bank that does not allow it then that is the policy.

Need to make it clear that the bank does not accept checks. If they write a check it will be considered "non-payment" to their account. This means you can be subject to lien and or foreclosure for non-payment of dues. Maybe that will get the message through.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Fran

Does you association accept any type electronic payments? I can only assume they do. Time for you to go that route.

FranC2 (Florida)
Posts: 19

Posted:

Quote:

Posted By JonJ2 on 07/22/2022 6:59 PM
Set up an ACH payment method. It's worth the time and cost.

If I was in control of the hoa I would.

FranC2 (Florida)
Posts: 19

Posted:

Quote:

Posted By MelissaP1 on 07/23/2022 7:57 AM
My example of Chinese restaurants not taking checks is an example that checks are NOT accepted in other areas besides HOA's. It is not an uncommon practice to not take checks. Although my experience has been HOA's taking checks. It's not unlike taking a rental payment. It does offer some form of record keeping and maybe some protections. Plus can charge bounce check charges. However, if you have a bank that does not allow it then that is the policy.

Need to make it clear that the bank does not accept checks. If they write a check it will be considered "non-payment" to their account. This means you can be subject to lien and or foreclosure for non-payment of dues. Maybe that will get the message through.

Their bank accepts checks, I’ve paid by check in the past.

FranC2 (Florida)
Posts: 19

Posted:

Quote:

Posted By JohnC46 on 07/23/2022 9:24 AM
Fran

Does you association accept any type electronic payments? I can only assume they do. Time for you to go that route.

They do not accept any type electronic payments. I think that’s kind of crazy in this day & age. I’ve had many HOA's while living in Florida, this is the first one that required a cashiers check or money order.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By FranC2 on 07/23/2022 10:44 AM
Posted By JohnC46 on 07/23/2022 9:24 AM
Fran

Does you association accept any type electronic payments? I can only assume they do. Time for you to go that route.

They do not accept any type electronic payments. I think that’s kind of crazy in this day & age. I’ve had many HOA's while living in Florida, this is the first one that required a cashiers check or money order.

In some places Money orders are very expensive and they merchants take gross advantage of low income people. Your HOA should simply have a returned check fee stricture that is applicable
to Florida law. Still today many people either don't trust banks or trust ACH or electronic payments. Your HOA should be accommodating these objections. I would file a complaint with your local
ombudsmands office. First I would write a check and send it to the HOA USPS certified mail with return receipt and see if they cash it. If your payment is refused then go to the ombudsman's office.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By FranC2 on 07/23/2022 10:44 AM
Posted By JohnC46 on 07/23/2022 9:24 AM
Fran

Does you association accept any type electronic payments? I can only assume they do. Time for you to go that route.

They do not accept any type electronic payments. I think that’s kind of crazy in this day & age. I’ve had many HOA's while living in Florida, this is the first one that required a cashiers check or money order.

Sounds like the Association has been burned in the past by bad checks.

You might need to check with an attorney on what legal options you may have.

FranC2 (Florida)
Posts: 19

Posted:

Quote:

Posted By LetA on 07/23/2022 11:43 AM
Posted By FranC2 on 07/23/2022 10:44 AM

Posted By JohnC46 on 07/23/2022 9:24 AM
Fran

Does you association accept any type electronic payments? I can only assume they do. Time for you to go that route.

They do not accept any type electronic payments. I think that’s kind of crazy in this day & age. I’ve had many HOA's while living in Florida, this is the first one that required a cashiers check or money order.

In some places Money orders are very expensive and they merchants take gross advantage of low income people. Your HOA should simply have a returned check fee stricture that is applicable
to Florida law. Still today many people either don't trust banks or trust ACH or electronic payments. Your HOA should be accommodating these objections. I would file a complaint with your local
ombudsmands office. First I would write a check and send it to the HOA USPS certified mail with return receipt and see if they cash it. If your payment is refused then go to the ombudsman's office.

Unfortunately I can’t send certified mail because the payment address is a PO Box. I am looking into filling a complaint, something I really didn’t want to have to do. You would think that a precedent was set by the old board president allowing me to pay by check the last 3 years but I guess not. Thanks for your input, I appreciate it.

FranC2 (Florida)
Posts: 19

Posted:

Quote:

Posted By TimB4 on 07/23/2022 11:44 AM
Posted By FranC2 on 07/23/2022 10:44 AM

Posted By JohnC46 on 07/23/2022 9:24 AM
Fran

Does you association accept any type electronic payments? I can only assume they do. Time for you to go that route.

They do not accept any type electronic payments. I think that’s kind of crazy in this day & age. I’ve had many HOA's while living in Florida, this is the first one that required a cashiers check or money order.

Sounds like the Association has been burned in the past by bad checks.

You might need to check with an attorney on what legal options you may have.

I’m thinking the same thing now, thanks.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By FranC2 on 07/23/2022 7:52 PM

Unfortunately I can’t send certified mail because the payment address is a PO Box.

There is nothing preventing you from sending a certified letter to a Post Office Box.

If it's at the post office, they will put a slip in the P.O. box that a letter needs to be signed for (I know, because I had to sign for a few when I was on our board).

See: Can Certified Mail Be Sent To A PO Box? from us global mail

Another option would be to send the check via priority mail, as priority mail provides tracking information to tell you when it was delivered to the PO Box.

FranC2 (Florida)
Posts: 19

Posted:

Quote:

Posted By TimB4 on 07/23/2022 11:31 PM
Posted By FranC2 on 07/23/2022 7:52 PM

Unfortunately I can’t send certified mail because the payment address is a PO Box.

There is nothing preventing you from sending a certified letter to a Post Office Box.

If it's at the post office, they will put a slip in the P.O. box that a letter needs to be signed for (I know, because I had to sign for a few when I was on our board).

See: Can Certified Mail Be Sent To A PO Box? from us global mail

Another option would be to send the check via priority mail, as priority mail provides tracking information to tell you when it was delivered to the PO Box.

Wow, I didn’t know this, thanks!