Results 1 to 10 of 11

Hybrid View

  1. #1

    Default Re: Can HOA Reappropriate Money Intended for Monthly Dues

    I'm pretty sure it said monthly dues ONLY. Is there a difference?

    Previous cases like this...how does the judge rule on them? Any precedents for this situation?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can HOA Reappropriate Money Intended for Monthly Dues

    The memo section is where you write notes for your own benefit. It's not a space where you can jot whatever you want and somehow bind the recipient of the check to your unilateral conditions. The recipient of the check must be aware of any conditions in order for them to be binding.
    Quote Quoting Blair v Brownson, E2004-00817-COA-R3-CV (Tenn. Ct. App., Feb. 22, 2005), emphasis added
    The defendants contend that the notation made by Mr. Brownson in the memo section of his earnest money check, in which he wrote the sale was "contingent on getting financial [sic]," was a term of the oral agreement. We find that it was not... [The plaintiff] testified that when he made the notation on the check and handed it to [the defendant], he asked, "Is this okay?" However, there is nothing in the record indicating that he directed her attention to the notation or attempted to discuss it with her. In rendering its judgment from the bench, the trial court found as follows:

    that notation on the check — First of all, it isn't very clear as to what exactly it means. So that's a problem there. The evidence that I've heard, I would find that that was not discussed and agreed by the parties. So there was no discussion and agreement about that, or, at least, no agreement, and very little, if any, discussion at all.

    We find that the evidence does not preponderate against the trial court's finding that this so-called contingency was not a term of the oral contract.

  3. #3

    Default Re: Can HOA Reappropriate Money Intended for Monthly Dues

    Interesting case...ok so I understand this court ruling establishes that the memo field can't be used as a binding agreement of where the money goes. That binding agreement would be in writing in an associated contract.

    But in this case the HOA memo stated that the HOA monthly dues comes to "$XXXX" for the year if paid as a one time lump sum.

    So anybody who pays that exact amount given in response to the memo ("$XXXX") should be assure their money would go to the fees that the memo stated, right? Would anybody pay in advance for bogus violations when they have the right to contest them and have their account balance applied to the hoa fees stated in the memo? Of course not.

    If a customer sends a check to the electric company with the electric bill, then I dont think the electric company has the right to apply that money to anything other than the electric bill in question, regardless of the memo field.

    That said, what would my chances be if this issue went before a judge? I'm sure this has happened a lot... business applying money to purposes other than what the customer intended.

    1. Sponsored Links
       

Similar Threads

  1. Disputing Debts: Fraternity Demands Unpaid Dues
    By kwoody in forum Debts and Collections
    Replies: 3
    Last Post: 11-03-2013, 08:18 PM
  2. Debt Collectors: Unpaid Fraternity Dues
    By MikeOU22 in forum Debts and Collections
    Replies: 2
    Last Post: 12-29-2012, 03:16 PM
  3. Debt Collectors: Can I Be Sued for Unpaid Fraternity Dues
    By letmebe in forum Debts and Collections
    Replies: 4
    Last Post: 07-23-2010, 11:40 AM
  4. Debt Collectors: Unpaid Fraternity Dues
    By dnwilliams in forum Debts and Collections
    Replies: 2
    Last Post: 04-25-2009, 07:24 AM
  5. Debt Collectors: Collection of Unpaid Dues
    By Dirtypants in forum Debts and Collections
    Replies: 9
    Last Post: 02-14-2009, 02:06 PM
 
 
Sponsored Links

Legal Help, Information and Resources