Legal Question in Consumer Law in Virginia

offer and acceptance

In response to Homeowner Association special assessment for private road paving, we wrote a check in the amount of $5,000 with the notation ''for l/13 of cost of road paving.''

$5,000 each for l3 lot owners was based on a total stated cost of $65,000.

Subsequently we learned that the toal paving cost was much less thatn the stated $65,000 and that the HOA kept the difference between l/13 of the actual cost and the $5,000 payment.

Our contention is that the HOA endorsement and deposit of the $5,000 check into the HOA account constitutes acceptance of terms per the notation ''1/13 cost of road paving'' that the the HOA is required by law to return the overage to each, and indeed to each lot owner.

This transaction is totally independent of the annual $l00 dues for general maintenance of roads and facilities.

Your opinion please.

Thanks,

Jim Ross


Asked on 7/15/03, 2:44 pm

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: offer and acceptance

There's no contract. It's a special assessment, which by law, you must pay as if a tax. It doesn't matter what it's for, as long as it's consistent with the bylaws of the association and the levy was procedurally correct (e.g., quorum for the meeting, etc.). If it were a charitable donation, and they didn't use the money as you intended, you could get it back, or if you'd given them $10 instead of $5000 but wrote "paid in full" on the check, that would be effective. But your notation on the comment field of the check is simply that: your notation. It has no legal effect.

Read more
Answered on 7/15/03, 5:32 pm


Related Questions & Answers

More Consumer Law questions and answers in Virginia