What to do if I wrote a check $465 for HOA fees over 2 years ago that was not cashed so my bank credited my account but now the HOA wants that money?

I told him that I need to contact my bank for all statements for that year. Initially the HOA told me if I pay they will accept 50% of the original amount. Now that I have statements, they are asking for 100%. If I don’t pay they will report to the me to the city. Also, there has been many times that the the HOA has not paid gardener. Do I pay 100% or do I have grounds to not pay that check at all?

Asked on September 24, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you owed the HOA $465 for fees and paid such amount to your HOA but for some reason it failed to negtiate the check after the passage of two (2) plus years, the under the laws of all states in this country you still owe this amount but no accrued interest or penalties from the date of payment onward.

As such, you need to pay what is owed the HOA. When you pay the $465 send a note stating that such amount was paid long ago but the HOA failed to negotiate the check. Keep a copy of this note for future use and need.


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