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Subject: HOA semi-annual dues delivered by non-forwarded US Mail
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Author Messages
JeffM23
(Arizona)

Posts:1


10/11/2019 10:48 AM  
Our AZ HOA sends out its semi-annual dues invoices to all residents by the US Mail BUT USES a cheaper postage than First Class format. They send the notices in a cheaper "non-forwarded US Mail" format.

Accordingly, any resident that is out of the area (and has completed all the proper forwarding forms and supplied all necessary information with their local US POST office) DOES NOT RECEIVE THE semi-annual dues INVOICE.

Accordingly, if the resident does not somehow know to pay the proper semi-annual dues amount by the initial dues deadline date, the resident is assessed mounting fines and fees until the (NOW LATE) semi-annual dues are paid.

Questions:
1. Does sending out semi-annual dues invoices via a non-forwarding US Mail format constitute proper notice?
2. May an HOA assess fines and fees against that resident that did not receive an invoice due to being out of the area (the semi-annual dues invoice was sent by the HOA BUT NOT RECEIVED by the resident)? (BTW such fines and fees are held as a lien against the property)

Thanks to all those who respond
BarbaraT1
(Texas)

Posts:273


10/11/2019 11:27 AM  
Sending out a statement is a courtesy. It is the homeowner's responsibility to make timely assessment payments whether or not they get a bill in the mail and to make sure the association has their current mailing address so that nothing needs to be forwarded.
DouglasK1
(Florida)

Posts:1480


10/11/2019 12:04 PM  
Echoing what Barbara said, here is what my CCRs have to say:

After adoption of a budget and determination of the annual
assessment per lot, the Association shall assess such sum by
promptly notifying all owners by delivering or mailing notice
thereof to the voting member representing each lot, at such
member's most recent address as shown by the books and records of
the Association. One-twelfth (1/12) of the annual assessment
shall be due and payable in advance to the Association on the
first day of each month regardless of whether or not members are
sent notice thereof.


They place the onus of paying dues/assessments on the member. If the member is not sure when or how much they owe, they should contact the association. I think it is reasonable that the association use the lowest cost method of mailing to save money for all of the owners.

In our case, we don't even mail individual invoices. We post a notice at the entry, and email reminders every quarter. For the one or two owners who have chosen not to use email, we slide the reminder under the front door. When I was treasurer I also emailed follow ups for owners where I didn't receive payment before they were actually late, but that was a courtesy, not a requirement.

Escaped former treasurer and director of a self managed association.
DouglasK1
(Florida)

Posts:1480


10/11/2019 12:04 PM  
Echoing what Barbara said, here is what my CCRs have to say:

After adoption of a budget and determination of the annual
assessment per lot, the Association shall assess such sum by
promptly notifying all owners by delivering or mailing notice
thereof to the voting member representing each lot, at such
member's most recent address as shown by the books and records of
the Association. One-twelfth (1/12) of the annual assessment
shall be due and payable in advance to the Association on the
first day of each month regardless of whether or not members are
sent notice thereof.


They place the onus of paying dues/assessments on the member. If the member is not sure when or how much they owe, they should contact the association. I think it is reasonable that the association use the lowest cost method of mailing to save money for all of the owners.

In our case, we don't even mail individual invoices. We post a notice at the entry, and email reminders every quarter. For the one or two owners who have chosen not to use email, we slide the reminder under the front door. When I was treasurer I also emailed follow ups for owners where I didn't receive payment before they were actually late, but that was a courtesy, not a requirement.

Escaped former treasurer and director of a self managed association.
PaulJ6
(New York)

Posts:632


10/11/2019 1:54 PM  
The HOA doesn't use email?
JohnC46
(South Carolina)

Posts:9139


10/11/2019 2:41 PM  
Our bank sends out a payment book for 12 months at the beginning of the year. You can pay via check, electronic transfer, auto electronic payment. You can also pay via credit card but there is a $5.00 service charge for this. I have mine with auto electronic thus withdrawn each month. The bank sends me an Email 5 days before notifying when it will be withdrawn. With all this available, we still get people not understanding it.


If 60 days late (2 payments) you get a polite reminder from the MC.
At 90 days late you get a warning of legal action from the MC.
At 120 days late you get a certified, threatening legal action letter from our attorney. Our attorney charges us $150 for this letter
At 180 days late (and upon BOD go ahead) our attorney files a lien and says foreclosure is commencing. The lawyer also adds $400.00 for his fee. If you owed say $500 in dues, you now owe $900 to settle.
We have never gone to a foreclosure but we are "looking" at doing one as there is a small mortgage on it.
MelissaP1
(Alabama)

Posts:9024


10/11/2019 2:52 PM  
The sending of a notice is just a reminder. Your still not excused for not paying your dues. The schedule should be written in your CC&R's or By-laws when should pay. Seems be a good idea to send it out on a nice post card. Which is not 1st class mail.

Former HOA President
JeffT2
(Iowa)

Posts:528


10/11/2019 7:31 PM  
I agree with the other posters, except:

If your dues change (usually an increase), then you may have to inform the owners.

Your docs may require notice even if it is not normal for others. What do your bylaws and CCRs say about giving notice? Can you post the wording?

Postcards are first class.
GenoS
(Florida)

Posts:3570


10/12/2019 11:13 AM  
Posted By PaulJ6 on 10/11/2019 1:54 PM
The HOA doesn't use email?

Mine only sends meeting notices via email if the owner has requested so in writing. A third of our 100 homeowners don't use rmail at all, much less own a computer or a smartphone. We do have many who would prefer email (as do I), but unless everyone has it you still have to do it the old fashioned way, too.
NpS
(Pennsylvania)

Posts:3987


10/12/2019 12:57 PM  
80 units. Less than 10 who want to receive paper copies or who don't have email.

Every year, homeowners confirm via email that, in order to save costs, they are willing to accept annual meeting docs via email.

For those who want paper docs or don't have email, docs get hand delivered to the unit even if the homeowner doesn't live there.

We spend $0 on annual meeting postage. No exceptions.

Sikubali jukumu. Read all posts at your own risk.
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Forums > Homeowner Association > HOA Discussions > HOA semi-annual dues delivered by non-forwarded US Mail



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