HOA Check

Started by RonaldW2 • 7 replies • 1315 views

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RonaldW2 (Florida)
Posts: 2

Posted:

Home Owner

Has Place on the check for payment for his Hoa Dues!

For HOA Dues ONLY

Can we apply this payment to a fine?

RogerB (Colorado)
Posts: 5,067

Posted:

Ronald, we would accept such a check only for payment of dues.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Ronald,

I think you should check out the FL statutes. IMO, just putting that statement on the check means the funds must be applied to dues. There is an AZ statute which outlines how payments must be applied and the funds must first be applied to the dues.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Ronald,

IMHO, he is stating what the check is --for dues only --and that is where the check should go. So-you are trying to collect a fine and he is saying no?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Donna,
If I recall correctly the last time this came up, the purpose of putting "for dues only" was some kind of claim that: if you did it this way, all your other arrears would go away.

I think the consenus was: The others charges that may be made against you are a separate charge and will fall or stand on their own merits.

Also in that post waS the question: What if you put on the check something like "Paid in full". Not sure about consensus on this. I think the feeling was, the check should be returned, again....not sure.

JamesG (Connecticut)
Posts: 83

Posted:

This is a situation where it is important to have an association policy regarding assessments and collections. In our association common fees, late fees, fines, penalties, etc. are all considered assessments against the unit. Our policy requires that payments made are applied first to the oldest assessment. In the case being questioned here, we would contact the owner and give them two choices: 1) apply the check to the unit assessments as per our policy OR 2) return the check and if payment is not made on time, apply another late fee to their account. We structured the policy to avoid having unpaid late fees drag out, as the amount of these fees is typically too small to bother with proceeding with collections.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

James,
This combining the fees into one payment is very innovative and sounds like a smart move. Of course I am seldom right, if my board is any measure. I can't wait to see what they will say about this.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

The purpose of the check was merely to convey funds and it would hold contractually binding powers no greater than if you were to write a note on a $20 bill that said "For Deposit Only" and hand it to your paper boy. What he does with it after that, even though services were rendered, he may do at his discretion.

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