HOA President Holding Homeowner Check

Question:

We have an H.O.A. President (second term because no one wants it and no one wants to deal with her) who is unprofessional to say the least. She picks fights with long-time home owners of 40+ years. I am a homeowner, and do not and will not attend the meetings. I have no interest in this clown show.
To retaliate for my not voting and not attending meetings, she is holding my monthly H.O.A. fee, check 5110. This has never happened before, but she targets different homeowners at different times. I have never missed a payment in 4 years and it appears that she is trying to show me late and charge an additional fee. I get monthly statements from the H.O.A. Treasurer which shows a zero balance as I am in good standing and always have been. I sent an email to her on Tuesday, 5/21 and she said that she would deposit the check immediately, but has not. I worked in the banking industry and I know that checks clear immediately through the check clearing house. Here it is Saturday, May 25 and my check still has not cleared. All payments are due by the 10th of the month or late fees will be charged. I have never, ever been late as I place my check in the drop-box well before the 10th of every month. I’ve asked other homeowners if their checks have cleared and the answer is yes. Thank you.

– Brenda

 

Answer:

Hi Brenda,

Kindly raise this issue with the HOA board members or management company. You may contact them directly or raise the issue at a board meeting. Documenting all your communications and presenting evidence of your on-time payment may be helpful. You may also remind the HOA president of their fiduciary duty to the community. If the situation does not improve, you may opt for alternative dispute resolution or remove the problem board member(s) according to the provisions outlined in the bylaws. Kindly contact a lawyer for further guidance.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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