• Is th is legal?. Bank changes payment aomount.

    From micky@21:1/5 to All on Mon Nov 4 21:19:09 2024
    My HOA has changed which management company we use to collect dues.
    Unlike the previous management company, this one uses a cooperating
    bank, which requires its own userid and password. Isn't this uncommon?
    I suppose doing it this way was cheaper than writing enough webpage code
    to take payments directly. ????

    When I went to schedule an automatic payement every 3 months, I found
    this statement
    "As the 2024 budgets are being finalized, it's important to adjust
    your payment accordingly to align with any budget changes, if any. You
    will have until December 20th to make these adjustments. If you fail to
    update your payment by this deadline, please note that the management
    company will step in to modify it, ensuring it meets the requirements of
    the new fee structure."

    This last sentence is alarming. I can't believe they mean it. Doesn't
    it say that if I set it up to pay 280** dollars a quarter, the bank is
    going to change it to 380, because the current budget*** says owners
    sohould pay 380? ***which the membership did not vote
    on, let alone every member.

    Even with this warning, would this even be legal??? Even if it's legal, wouldn't this annoy you a lot??? Whether it applied to you or not?

    **(This is not a condo or co-op. The HOA provides few services, mows
    only a small amount of the grass, so dues are lower than many other
    places. But becauss of a lot of plumbing repairs, 2, 3, 4 a year, that
    cost about $100/home every time, and because of enforcement of a law
    requiring a large reserve, and because for 45 years, the dues have only
    been raised twice iirc, because it's so hard to raise them, we finally
    found out it was legal to have special assessments merely based on a BOD
    vote, and we have one now that is about $600 payable over the coming 18
    months. In the same way some people refuse to accept how elections work,
    or whether it's legal for an ex-president to take secret documents with
    him when he leaves, I can imagine some neighbors saying special
    assessments are not legal, or at least suitable to be ignored.)

    Yes, they should pay the money, but can the bank just change the payment schedule because the HOA wants it to?

    BTW, I live below my means and can afford all this no trouble, but not
    all my neighbors can, I'm sure.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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  • From Rick@21:1/5 to micky on Tue Nov 5 20:39:04 2024
    On 11/5/2024 12:19 AM, micky wrote:
    My HOA has changed which management company we use to collect dues.
    Unlike the previous management company, this one uses a cooperating
    bank, which requires its own userid and password. Isn't this uncommon?
    I suppose doing it this way was cheaper than writing enough webpage code
    to take payments directly. ????

    When I went to schedule an automatic payement every 3 months, I found
    this statement
    "As the 2024 budgets are being finalized, it's important to adjust
    your payment accordingly to align with any budget changes, if any. You
    will have until December 20th to make these adjustments. If you fail to update your payment by this deadline, please note that the management
    company will step in to modify it, ensuring it meets the requirements of
    the new fee structure."

    This last sentence is alarming. I can't believe they mean it. Doesn't
    it say that if I set it up to pay 280** dollars a quarter, the bank is
    going to change it to 380, because the current budget*** says owners
    sohould pay 380? ***which the membership did not vote
    on, let alone every member.

    Even with this warning, would this even be legal??? Even if it's legal, wouldn't this annoy you a lot??? Whether it applied to you or not?

    **(This is not a condo or co-op. The HOA provides few services, mows
    only a small amount of the grass, so dues are lower than many other
    places. But becauss of a lot of plumbing repairs, 2, 3, 4 a year, that
    cost about $100/home every time, and because of enforcement of a law requiring a large reserve, and because for 45 years, the dues have only
    been raised twice iirc, because it's so hard to raise them, we finally
    found out it was legal to have special assessments merely based on a BOD vote, and we have one now that is about $600 payable over the coming 18 months. In the same way some people refuse to accept how elections work,
    or whether it's legal for an ex-president to take secret documents with
    him when he leaves, I can imagine some neighbors saying special
    assessments are not legal, or at least suitable to be ignored.)

    Yes, they should pay the money, but can the bank just change the payment schedule because the HOA wants it to?

    BTW, I live below my means and can afford all this no trouble, but not
    all my neighbors can, I'm sure.


    Not sure what the problem here is. You knew when you when you moved
    there that you were obligated to pay HOA fees and that there could and
    probably would change over time (side note: only two changes in 45 years doesn't strike me as all that egregious). Giving you a way to set up
    automatic payments like this with the provision that the payments will
    be adjusted whenever the fees changes sounds more like a convenience
    than an annoyance. Even so, most HOAs will still allow you to make
    manual payments by check if you want or you can usually set up an auto
    payment through your bank's bill pay, which is what I do.

    FWIW, my HOA also allows you to set up automatic payments and I'm pretty
    sure these also adjust when the fees change, and I think most people
    here seem to appreciate that convenience. In my case, I still prefer to
    use my own bank to make auto payments and I manually change the amount
    when there is a fee increase, but I don't see any problem with the auto
    payment and auto adjustment concept for those who want that. And I
    would think using an outside bank for the actual mechanics of the charge
    would be more common than not.

    Now if you are saying that the amount taken out for fees is
    automatically adjusted even before the fees are formally approved by
    your HOA board, then I would agree that's a bit sketch. If that's the
    case, then I would opt to make manual payments or auto payments from my
    own bank's bill pay.

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  • From John Levine@21:1/5 to All on Wed Nov 6 13:24:54 2024
    According to micky <[email protected]>:
    Yes, they should pay the money, but can the bank just change the payment >schedule because the HOA wants it to?

    On all the bill pay systems I know, the vendor tells the bank how much to pull from your account each month. I have my electric bill and credit card bills paid that way, and each month the amount is whatever they billed me that month.

    As far as whether the HOA can unilaterally change what it charges the members, wouldn't that be in its bylaws?
    --
    Regards,
    John Levine, [email protected], Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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  • From David Lesher@21:1/5 to All on Thu Nov 14 22:08:14 2024
    Why not just write a check? It's hard to change the value of
    a check, not to mention being a crime.

    --
    A host is a host from coast to [email protected]
    & no one will talk to a host that's close..........................
    Unless the host (that isn't close).........................pob 1433
    is busy, hung or dead....................................20915-1433

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