Get 1 year of free community web site hosting from Community123.com!
Friday, December 03, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Owner harassing Management Company
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
PatJ1
(North Carolina)

Posts:290


11/10/2021 3:04 AM  
Every once and a while a dues payment goes astray or doesn’t get received or is posted to another account.

Back in August an owner decided that she was unhappy with how long it took a USPS mailed check to get posted to her dues account, so she decided to use her bank’s bill pay. She apparently didn’t put her account # on the remittance and the bank returned her payment. (Large MC. Uses a lockbox to collect payments.)

Since then, she has sent over 60 mails to me, as HOA President (and her neighbor), 2 departments at the MC, and 2 PM’s. In the past 4 days we have received over 24 emails from her. She sent 7 in one day.

They started out discussing the many ways to remit payment. Many stating the same thing over and over. Updates on how she was sending her payment. Whether she was walking it to our secure mailbox or driving it to the P.O. They have escalated to blistering attacks on the MC claiming that she is being abused and forced out of her home over this because she is elderly.

She says she mailed a check via USPS on 10/15. MC has not received it. She claims that they are deliberately not posting her check to bully her.

There is no way this is going to end well or ever end.

Everyone has been patient and has responded kindly to most of her emails and returned her calls.

I have lived below her for 9 years and have become aware of her obsessiveness over things. I ignore her and it goes away. This is not going to go away.

Any advice? There must be an end to this insanity.

Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
HenryS6
(Arizona)

Posts:111


11/10/2021 3:13 AM  
Best advice is to stop responding to her and start ignoring her.

Second best advice is to get advice from your association attorney with more specific information, such as a copy of a couple of the e-mails. There may be a mental health condition going on that may require special handling. An attorney can provide specific advice on the situation.
MelissaP1
(Alabama)

Posts:10584


11/10/2021 4:20 AM  
Is the MC going by the date on the check or the date on the stamp? We went by the date on the envelope when it was sent. That way if it was stamped on the 15th and we got it on the 17th we did not charge a late fee. A date on a check can be "faked".

So just make it clear due to delivery issues with USPS (widespread) you will go by the postmark on the envelope. If it's a bank issue, they need to take it up with their bank. Your bank only is on the receiving end. Plus she should set up automatic payments.

Former HOA President
PatJ1
(North Carolina)

Posts:290


11/10/2021 4:47 AM  
Posted By MelissaP1 on 11/10/2021 4:20 AM
Is the MC going by the date on the check or the date on the stamp? We went by the date on the envelope when it was sent. That way if it was stamped on the 15th and we got it on the 17th we did not charge a late fee. A date on a check can be "faked".

So just make it clear due to delivery issues with USPS (widespread) you will go by the postmark on the envelope. If it's a bank issue, they need to take it up with their bank. Your bank only is on the receiving end. Plus she should set up automatic payments.




None of her payments have ever been late so no late fees have ever been charged. She just felt that everything took too long. It was causing her stress to wait for it to be posted.

We offer several different ways to remit dues including draft. Our PM even arranged for her to send or drop off her checks at their office. She refuses to do that. Won't pay by draft. Doesn't want anyone to have her personal information. Insists that she's going to set up her bank's bill pay, but not until the MC "shows" her the exact notations they receive on their side before she does. I'm guessing she's driving her bank nuts also.

Our MC probably handles thousands of check a month by bank lockbox. She demands her check hand carried and to be notified immediately when it was received. She sends an email when she mails the check to prove she's mailed it. She's sent several emails over a weekend then sends another one on Monday morning saying she's being ignored.

There is no reasonable thought process going on here.



Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
FloridaC1
(Florida)

Posts:26


11/10/2021 5:05 AM  
Payments sent to the lockbox are received by the Association bank, not the management company; labels always read: Your HOA, c/o Bank of America, Anytown, USA Zip. One would really need to see if the bank goes by the postmark date first. Most Associations have a leeway of 10-15 days with payments due on the 1st of the month so the 1st becomes the 10th or 15th then late fees & interest would begin to accrue.

Any payment received by mail or walked into management could be recorded but would not be posted at the bank until received by the Association bank.

UPS mail is running seven to 14 days beyond normal delivery at this time in many states with out of state mail even worse. Best scenario to avoid being late is ACH or autopay.

I see checks all the time made out incorrectly, no address of even account number in memo line & missing coupon.

Avoid the mail drama & do ACH or autopay.
CathyA3
(Ohio)

Posts:2588


11/10/2021 5:36 AM  
Our lawyer's advice for when we were dealing with a similar situation:

Answer the questions completely in writing *once*. If the emails or calls continue, refer the person to the written response dated thus-and-such - do this *once*. After that, you can acknowledge receipt of latest missive but don't address any of the content since it's already been answered. It's no different from dealing with homeowners who continually bring up the same issue at board meetings even though it's been answered before.

You can't totally ignore her stuff, though - there may be something that needs attention lost somewhere in all of the repeat verbiage.

I agree with other comments about USPS deliveries being slow nowadays, and bank lockboxes can vary in the amount of processing time they take. None of this is under the control of the HOA, and complaining to the HOA about it does nothing to change things.
BenA2
(Texas)

Posts:1104


11/10/2021 6:03 AM  
There is obviously a mental health issue. You might check with your local adult services department. If nothing else, they may be able to identify a family member or friend who can act as an intermediary. Although, from the sound of it, I suspect she has cut herself off from family and friends.

If you cannot resolve the issue, I would inform her that you will stop responding to any complaints that you have already addressed.
MaxB4
(California)

Posts:1594


11/10/2021 6:42 AM  
Just ignore her. (Period)
PatJ1
(North Carolina)

Posts:290


11/10/2021 11:31 AM  
Working with PM on your ignore/info suggestions.

Four emails received from owner today. Asking for things she's already been told many times. Sigh

Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
AugustinD


Posts:1905


11/10/2021 12:01 PM  
Posted By PatJ1 on 11/10/2021 11:31 AM
Working with PM on your ignore/info suggestions.

Four emails received from owner today. Asking for things she's already been told many times. Sigh
Nationwide with HOA/sCOAs This scenario (a somewhat abusive, not rational owner) happens often enough that I think getting the manager and board used to doing as CathyA3 advised is best. To spare everyone wear, tear and emotional stress.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Owner harassing Management Company



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement