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  1. #1

    Default Can a HOA Allocate Payment for Dues to Unpaid Fines

    My question involves a mortgage in the state of: TN

    In January I paid my HOA a lump sum to cover dues for the entire year (instead of paying each month) with a check labeled "monthly HOA dues only".

    Between March and July the HOA management company levied 4 fines on me with a vague explanation like insufficient landscaping, and they secretly paid those fines on my behalf by subtracting from what I paid for HOA dues, without my knowledge, giving me the impression the fines were waived. Now they are fining me for being late on my monthly dues. When I responded that I had already paid the year's dues in advance, the management company said their policy is to put whatever money is on a homeowners account towards any past due balances like fines.

    My question: Can the HOA legally re-appropriate money clearly specified to be used only for dues, to pay other expenses they throw at me? I prefer to dispute their bogus fines separately, but according to their records those fines have already been paid, as if I had acknowleging wrongdoing in paying the fines (which are actually still in dispute)

  2. #2
    Join Date
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    Default Re: Can HOA Reappropriate Money Intended for Monthly Dues

    Are you talking about something you wrote in the memo box?

  3. #3

    Default Re: Can HOA Reappropriate Money Intended for Monthly Dues

    Quote Quoting Mr. Knowitall
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    Are you talking about something you wrote in the memo box?
    ?????
    You lost me...

  4. #4
    Join Date
    Nov 2013
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    Default Re: Can HOA Reappropriate Money Intended for Monthly Dues

    Quote Quoting frewer
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    ?????
    You lost me...
    I believe Mr. K wants to know if you wrote "monthly HOA dues only". on the memo line/box of the check.

  5. #5

    Default Re: Can HOA Reappropriate Money Intended for Monthly Dues

    Quote Quoting budwad
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    I believe Mr. K wants to know if you wrote "monthly HOA dues only". on the memo line/box of the check.
    Oh ok, yes I wrote in the memo box "for monthly dues only"

  6. #6
    Join Date
    Jan 2007
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    204

    Default Re: Can HOA Reappropriate Money Intended for Monthly Dues

    Quote Quoting frewer
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    Oh ok, yes I wrote in the memo box "for monthly dues only"
    I worked for an association management company (albeit in Florida) and typically (and in FL statutorily) items are paid in an order similar to this: 1) legal fees, 2) interest, 3) fines and other fees (late fees, etc.), 4) special assessments, 5) regular assessments (dues). Whatever you write on the memo line of the cheque doesn't control how the disbursements from the payment will be made.

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