Q: Can the HOA not accept my partial payment when there is no legal notice, and no notice from HOA ?
Ok - so, I owed $450 HOA dues per month from January 2021 - April 31 2001, plus special assessment of $500 month during that same time period I tried to pay $2100 multiple times in late April (no notice given by HOA of delinquency due to they stopped sending statements as of Jan 31, 2021)….I zelled it as allowed, and they kept returning it. Also, no legal notices had been give given so, they kept returning my $2100, and voted on May 4, 2021 to suspend my privileges, because without the $2100 payment (which they kept returning), I was more than 90 days behind
I got certified notice of suspension of privileges today, based on May 4, 2021 board meeting
I also tried to make partial payments April 15 and April 30
A: A HOA does not have to send you statements. You know you have a duty to pay them and the law requires you to pay them whether you get a statement or not. It may be the HOA no longer accepts Zelle (which is a bad idea for an association to do) or has changed management companies. If they are still accepting payments by Zelle then it is illegal for the HOA to refuse your payment. You have a possible defense to foreclosure, but it does not solve your immediate problem or stop collections. If you want to dispute the suspension of your privileges you would need to hire and pay a lawyer to address that issue.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.