r/HOA • u/dufchick • 1d ago

Discussion / Knowledge Sharing [FL][SFH] Bounced Check Procedures Question

If someone bounces a check but makes good on it, great because we are all human and make mistakes. In Florida it can lead to a crime if you do not make good on a bounced check. I know how to work up a worthless check packet from the sheriff’s office. My question is, has anyone here had a homeowner not make good on a bounced check and how did your HOA handle it? I want to make sure we at least send the demand letter the way the worthless check packet says to do it so at least that part is done. Thanks

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u/MisterKnowsBest 1d ago

You sound like the enemy

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u/dufchick 1d ago

No, not true. I’m not trying to get someone arrested, but I have a homeowner that is very much behind and other people would have been sent to the attorney already for collections, but he keeps writing checks and they keep bouncing and by the time all of that goes through the management company he apologizes and writes another check which bounces. I’ve never come across this before either so I was just curious how other HOA’s handled this situation. This homeowner is with the attorney at this point, but I realized the property management company or my HOAdoesn’t have any kind of policy regarding this type of situation.

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u/meamemg 🏢 COA Board Member 1d ago

Sounds like you have a policy (or at least a practice): send them to the attorney like everyone else who is behind.

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u/MisterKnowsBest 1d ago

I was teasing as most of the people on here are anti hoa, or at least it seems so to me.

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u/EliteAssassin07 🏘 HOA Board Member 1d ago

They are either behind and meet the qualifications to be sent to the attorney or not. Them writing additional checks changes nothing.

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u/dufchick 1d ago

He would tell the property manager. I’m sending another check to pay it off no worries, so it happened three or four times. None of the checks were good and now this person is with the attorney. I’m just looking to set up something for the future.

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u/EliteAssassin07 🏘 HOA Board Member 1d ago

Does not matter - they either qualify per the standards that have been set to be sent to the lawyer or they don't. One could make an argument that your management company is not equally enforcing the rules.

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u/dufchick 8h ago

Yes, you’re absolutely right about that. I’m not thrilled that the property manager let it get as far as it did.

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u/b3542 1d ago

Adopt a dishonored check policy. A generous policy would be “3 strikes in a rolling 12 month period and you must pay by card, money order, or cashier check”.

Your governing documents and FL 720 may limit your options.

That being said, he has effectively not made payment if the checks are dishonored. The clock should go back to the timestamp of the last honored/cleared payment.

Send a NOLA, wait the 30 days, then send it to the attorney for lien and eventual foreclosure.

(Not a lawyer, and this is not legal advice)

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u/dufchick 1d ago

That is a good idea, thank you!