Hollywood, FL asked in Consumer Law, Real Estate Law and Business Law for Florida

Q: My HOA is charging me a convenience fee for paying my HOA dues. They don't offer any free options. Is this legal?

They offer two payment methods online; pay by credit card or pay with bank account. Both options charge a convenience fee. They do not offer any other way to pay the dues. My understanding is that the convenience fee is only charged as a convenience alternative to a standard method of payment.

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: The HOA doesn't need to offer online payment methods; it could simply send you a bill and expect that you send a check at its postal address. Is that possible?

Barbara Billiot Stage agrees with this answer

A: If you mail a check they have to accept it. They cannot legally refuse any form of legal tender. The problem you might face is proving they received the payment. They cannot require only online payment but if they provide for online payment they can charge a convenience fee.

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.