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AnitaT (Arizona)
Posts: 18
Posted:
Would it be legal for our HOA to require that all Homeowners have payments of dues in form of Sure pay? We are a self-managed HOA in Arizona.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Anita,
I am not sure that you can "Require" everyone to use that payment system. Assuming that everyone uses checks, then no problem. There might be someone who does other forms of bill paying. Just something to look into.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
Anita; check out other posts; search for 'surepay'.
BradP (Kansas)
Posts: 2,640
Posted:
I don't know that it would be illegal, my question would be is this something the residents want or the board wants? What is the catalyst behind this? A lot of people still use checks, I understand they are becoming somewhat obsolete, but I don't know if this would be the best move unless your residents wanted it and adopted it.
HaroldS (Arizona)
Posts: 906
Posted:
Have you looked at a Sure Pay authorization form? It is a legal document and it requires the account holder to SIGN it and it allows for it to be rescinded at will. YOU can't just decide everyone WILL pay by Sure Pay. Nor can you demand it. Wouldn't all the utilities etc. just love mandatory Sure Pay? How are you going to FORCE your members to sign this document? Pass a rule and then begin fines if they refuse? Does your CC&Rs give you the authority to do this? I doubt it. Good luck. Harold
CharlesW1 (Georgia)
Posts: 826
Posted:
Quote:
Posted By AnitaT on 12/05/2007 6:44 PM
Would it be legal for our HOA to require that all Homeowners have payments of dues in form of Sure pay? We are a self-managed HOA in Arizona.

AnitaT

I wouldn’t think you could legally REQUIRE residents to pay their assessments via SurePay. Now, you could always make it an option and urge residents to take advantage of it (saving postage, envelopes and time, late fee/interest),then you would be helping them more so than requiring them to pay in this fashion.

Perhaps, notifying the homeowners that it is an option, and explain to them that it would be in their best interest to pay their assessments in this fashion would probably be more favorable. I would think you would get a much better response then REQUIRING residents to pay, that way ONLY!

I could certainly see were SurePay/direct withdraw could be convenient for some but unfortunately, not every person within the association will have the appropriate funds in their accounts on the day the assessments are due, therefore HO would incur additional financial(bank)fees. That’s a risk SOME homeowners aren’t will to take.

As long as payment is receive, on time (otherwise the appropriate charges will be assessed). You shouldn’t be concerned with how payment is made to your association.

Chuck W.

Charles E. Wafer Jr.
GloriaM (North Carolina)
Posts: 829
Posted:
Anita:

The law would look at your requirement as not a practical one for all Owners. Not everyone has a computer, yes when the rest of the world relies on a computer some just have not moved into our high tech world.

Even if some owners have a computer some do not like paying on line at all and would much rather write a check and go through the Post Office.

IMO giving options to homeowners in different methods to pay makes better sense anyway. Therefore you give many avenues in which an owner can pay.

As an MC we allow snail mail, PayPal, debit, ACH or some owners perfer to make the drive and hand deliver their payment.

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