Legal Question in Real Estate Law in New York
HOA and Property Mgmt Company
Our HOA wasusing Property Mgmt Co ''A'' to collect dues. We recently got a letter from Property Mgmt Co. ''B'' advising that they were taking over and that Co. ''A'' was not always depositing checks and it was our responsibility to now provide cancelled checks showing payment. In October we paid via check thru year end. But our bank does not provide cancelled checks. It costs to get them. Our online banking shows the check cleared within days of being sent. Shouldn't the Association be responsible for paying for the cancelled check? It was they who hired Co. ''A'' to begin with. Company 'B' now says we must prove payment or they will refer to their atty. and neither they nor the Assoc will cover the cost for the cancelled check.
1 Answer from Attorneys
Re: HOA and Property Mgmt Company
It is your responsibility, although you might be able to do this by showing either the bank statement, or a copy of your on-line statement. At worst, you will have to get a copy of the check, although the regulations of the HOA by-laws should cover the question of who pays. Does the on-line statement show the payee of the check?
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