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GlenW2 (Florida)
Posts: 2
Posted:
It it legal for an HOA in Florida to charge members interest for dues if they choose to not pay electronically? We have paid the dues monthly for the last 17 years. They decided to make it due at the beginning of the year unless we sign up for electronic payment.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Depends.

Forget the electronic part.....

What do your association docs say about charging interest?
What do your association docs say about when dues are due?

GlenW2 (Florida)
Posts: 2
Posted:
docs describe it as an "annual assessment which may be collected monthly" Interest can be charged at 1.5% for past due balances. The dues have always been collected monthly until this year. The board decided to inform the community in January that they owed the entire assessment in full. They were given the option to pay it all or agree to pay monthly through eft. Some residents have just continued to mail their checks monthly, the board is sending them past due notices and adding interest on to it as well. They have sent attorney's letters (which cost the resident $150) and filed leins on them. This just doesn't seem like it should be legal to allow people to pay monthly ONLY through eft.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Glen,

Usually it's at the discretion of the BOD regarding when the assessments must be paid -- monthly, quarterly or yearly. Frankly I think changing from monthly to yearly could be a really big change for some people. IMO, this should have been discussed with the membership -- perhaps even voted on -- before initiating the change.

Sending late notices and adding interest fees on delinquent assessments is proper as is placing liens if the delinquency continues. However, that fact that your assessment period has changed drastically may have imposed a hardship on some of the members.

I also think that allowing members to pay monthly if they pay by electronic transfer equates to giving partial treatment to those members. Not every one likes to use electronic transfers, for whatever reason, and those people should not be penalized by having to pay a yearly assessment for not using it. I won't say this procedure is illegal but it may be a bit unethical. IMO, your BOD needs to rethink this decision.
DanielH1 (California)
Posts: 482
Posted:
Unless it is written into your docs, the BOD probably has authority over what types of payment to accept.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Are you sure this is not a "service charge" to pay for tracking all the paperwork?

We can pay in total or in payments. But if you choose payments (choice of 2 or 3 payment schedule) there is a $5 service fee. But it ALL must be paid by Aug. 15 or then the interest fee kicks in.

ChrisP5 (Missouri)
Posts: 165
Posted:
Quote:
Posted By MaryA1 on 07/06/2010 3:12 PM
Glen,

Sending late notices and adding interest fees on delinquent assessments is proper as is placing liens if the delinquency continues. However, that fact that your assessment period has changed drastically may have imposed a hardship on some of the members.


Why is it a hardship if residents still have the ability to pay monthly but they have to do it electronically. Almost anyone can get a savings or checking account that they could use to pay this charge from monthly. Perhaps if the individual could document they couldn't open an account the board could make an exception but otherwise I see no problem doing this.

It would significantly cut down on the time involved to process all of the paper checks that come in each month and reduce the chance for an error.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Chris,

You've missed the point. It may be a hardship to pay the yearly fee and perhaps they don't want to pay electronically. Remember, monthly fees has been the procedure for 17 years. Some members may be on fixed incomes and unable to come up with the yearly fee. Some seniors may not be able to understand the electronic payment process.

BTW, if the electronic payments are such a time saver I wonder if the mgmt co has reduced their monthly fee!!!
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By GlenW2 on 07/06/2010 1:54 PM
docs describe it as an "annual assessment which may be collected monthly" Interest can be charged at 1.5% for past due balances. The dues have always been collected monthly until this year. The board decided to inform the community in January that they owed the entire assessment in full. They were given the option to pay it all or agree to pay monthly through eft. Some residents have just continued to mail their checks monthly, the board is sending them past due notices and adding interest on to it as well. They have sent attorney's letters (which cost the resident $150) and filed leins on them. This just doesn't seem like it should be legal to allow people to pay monthly ONLY through eft.

With such shoddy procedures as being done by this Board it is no wonder many HOAs have a bad reputation and why judges rule against them in court!

Does this association have Rules and Regulations on Collection of Assessments or Delinquent Account?
If so, were the changes approved and mailed to all owners well in advance of the effective date of the change?
Rules must be reasonable; assesments which are in effect less for the homeowners who make EFT payments is not justifiable.
Why has the Board involved attorneys at a cost of $150 for a resident? Such action is highly questionable IMO.
ChrisP5 (Missouri)
Posts: 165
Posted:
Quote:
Posted By MaryA1 on 07/09/2010 12:11 PM
Chris,

You've missed the point. It may be a hardship to pay the yearly fee and perhaps they don't want to pay electronically. Remember, monthly fees has been the procedure for 17 years. Some members may be on fixed incomes and unable to come up with the yearly fee. Some seniors may not be able to understand the electronic payment process.

BTW, if the electronic payments are such a time saver I wonder if the mgmt co has reduced their monthly fee!!!

I agree with Roger and others that this BOD could have handled the matter better.

That being said I don't think I missed the point in that the residents still have the OPTION to pay monthly they just can't choose to do it by writing a check. We, along with most HOAs won't accept cash payments even though some people prefer to deal only in cash. How is that different?

At the risk of getting attacked those seniors who may not "understand" the electronic payment process will need to do so pretty quickly as the only option to get a social security check will be to do so electronically in the near future. Most of us that work for large companies don't have a choice in how we get paid, I haven't recieved a paper check in years as payroll is required to be direct deposited.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Chris,

As a former treas of a very small HOA, I would take the payment any way I could get it. If someone wanted to pay in cash, I accepted it and wrote them a receipt. Then I informed them that in the future they must pay by money order or check. BTW, social security is paid by direct deposit only. To receive a payment by direct deposit is much different than making a payment by electronic transfer.

I just feel this HOA could have handled this much better. The members have been paying monthly for 17 years, now all of a sudden they must pay yearly or, if they opt for monthly it can only be done by electronic transfer. This is a really big change and depending upon the type (and age) of people living in this HOA it may just be too much for some to handle. Also, I think there should be a grace period for some to adjust instead of hitting those who sent in a check with an int payment, a lien, etc. I'm still waiting to hear why the change was made.

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