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Fines & violations

An owner disputed their HOA dues card payment with their bank. What should the treasurer do?

By OurHOA · General information · Revised

What an HOA treasurer does when an owner disputes a dues card payment: the response deadline, evidence to send, the ledger entry, and collecting if the dispute is lost.

Part of the HOA board handbook: treasurer and money.

The short answer

Answer the dispute notice before its deadline. The processor has already pulled the payment and a dispute fee out of the association's account, and an unanswered dispute is a lost one. Send the card issuer a short, factual packet: the assessment notice, the owner's ledger, and proof the owner authorized the payment. At the same time, reverse the payment on the owner's ledger so the books match the bank. Remember what the card dispute decides. The issuer decides who keeps the money from that one transaction. It does not decide whether the owner owes the assessment, which comes from the declaration. If the association loses, the balance is simply unpaid again, and the board collects it under its normal collection policy and state law. Rules vary by state and by each community's governing documents, and this guide is general education, not legal advice.

What just happened to the money

A chargeback starts when the cardholder calls their bank, not the association. Stripe's documentation describes the usual pattern, and other processors work much the same way: the processor debits the disputed amount plus a dispute fee from the merchant account, holds the money for the life of the dispute, and gives the merchant a limited window to respond, usually 7 to 21 days depending on the card network. If the association responds, the issuer usually takes 60 to 75 days to decide, and the whole process can run two to three months. Cardholders can typically open a dispute within 120 days of the payment. The owner has federal rights here too. Under Regulation Z, 12 CFR 1026.13, a credit card holder who sends a billing error notice within 60 days after the first statement showing the charge can withhold the disputed amount from the card issuer while it investigates. For debit cards and bank drafts, Regulation E, 12 CFR 1005.11, gives the owner 60 days after the statement to report an error. That is why the money leaves fast and comes back slowly. Read the processor's fee schedule. Many processors keep the dispute fee even if you win.

Sort the dispute before you answer it

The notice gives a reason category, and each calls for a different response. The payment was a real mistake. A duplicate charge, an autopay that ran after the owner cancelled it in writing, or the wrong amount. Accept the dispute. Stripe notes that a merchant cannot issue a separate refund while the dispute is open, so accepting is the refund. Then fix whatever caused it. The owner says they did not make the payment. Sometimes a spouse used the card; sometimes it really was stolen. Call the owner before you build a packet. If the owner says the payment was theirs, ask them to withdraw the dispute with their bank, and still submit your evidence, because the processor will not close a withdrawn dispute in your favor without it. The owner is protesting the assessment itself. 'Services not provided' or 'not as described' often means the owner is angry about a special assessment, a fine, or a pool that stayed closed. That is a governance dispute, not a card problem. Contest the chargeback with the documents, and handle the complaint through the board's normal channels.

The evidence packet

Keep it short and plain. The reviewer at the card issuer knows nothing about HOAs. A good packet has: A one-paragraph cover note: 'The cardholder owns [address] in [Association], a homeowners association. Owners are required by the recorded declaration to pay assessments. The [date] payment of $[amount] paid the [quarter] assessment. The cardholder authorized it through the association's payment portal and has not disputed prior payments made the same way.' The assessment notice or invoice for the period, the page of the declaration that creates the assessment obligation, and the owner's ledger for the last 12 months. Proof of authorization: the portal's payment confirmation or receipt email, the autopay enrollment record with its date, and any login or confirmation record the payment provider can export. A copy of any written communication where the owner acknowledged the charge. Leave out board minutes, neighbor complaints and commentary about the owner. Facts that tie this card to this charge to this obligation win disputes.

Keep the books honest while it's open

Post the reversal on the dispute date, not when it is decided. On the owner's ledger, record a reversed payment for the disputed amount with a note such as 'card dispute opened [date], case [number].' Do not delete or edit the original payment entry, because the audit trail is what the CPA and any collection lawyer will need. Record the dispute fee as a bank or merchant fee expense on the operating account. If the association wins, the processor returns the money; post it as a payment on the date it lands. If the association loses, the reversal stands and the assessment is open again. Whether the owner can be charged the dispute fee depends on the governing documents and the collection policy. If the board wants to pass it through, adopt that charge in the policy before it is needed. Colorado already requires a written collections policy that lists any returned-check charges, late fees and interest the association may impose (CRS 38-33.3-209.5(5)), so a chargeback fee belongs on the same list. Do not run the card again on the stored authorization to recover the money. Ask the owner for a fresh payment.

If the association loses: collect the normal way

A lost dispute puts the owner back where they were before they paid. The board does not need a new kind of remedy, but it must follow the steps state law requires before costs and fees can be added. Texas: payments are applied first to delinquent assessments, then current assessments, then collection costs and attorney fees, then fines (Property Code 209.0063(a)). Before the owner can be charged a collection agent's fees, the association must send a certified-mail notice that lists the amounts owed, describes any payment plan, and gives at least 45 days to cure (209.0064(b)). Associations covered by 209.0062 must adopt payment plan guidelines, and a plan's minimum term is three months. Florida: a late fee, if the declaration or bylaws allow one, cannot exceed the greater of $25 or 5 percent of the late installment (720.3085(3)(a)). The association cannot require attorney fees on a past-due assessment until it mails a notice of late assessment, in the statutory form, giving 30 days to pay (720.3085(3)(d)). A claim of lien needs a separate 45-day notice under 720.3085(4). Colorado: before referring the account to a collection agency or attorney, the association must send a notice of delinquency by certified mail, return receipt requested, with an accounting and 30 days to cure (CRS 38-33.3-209.5(5)(a)(V)), and make a good-faith effort to set up a payment plan of at least 18 months (38-33.3-316.3(2)). Payments go to assessments before fines and fees (316.3(4)). Our guide on the past-due dues timeline for boards walks through the full sequence from the first missed payment.

Wording the board can use

If a call does not settle it, send this: 'Dear [Owner], on [date] your bank reversed your payment of $[amount] for the [period] assessment after a dispute was filed. Your account now shows that assessment as unpaid. If the dispute was filed in error, please contact your bank to withdraw it. Otherwise, please pay $[amount] by [date, at least 30 days out] by check or bank transfer to [method]. No late fee will be charged if payment arrives by that date.' Policy language for the collection policy: 'If a payment is reversed by the payer's bank or card issuer, the reversed amount will be treated as unpaid from its original due date, and the owner will be charged any fee the association's payment processor imposes for the reversal, not to exceed $[amount]. After two reversed payments in 12 months, the association may require that owner to pay by check or bank transfer for the following 12 months.' Adopt it at a noticed meeting, after checking it against the declaration. Our guide on handling a bounced HOA dues payment covers the check and ACH version of the same problem.

A sample timeline

Day 0: processor email arrives; treasurer reverses the payment on the ledger and books the fee. Day 1: treasurer calls or emails the owner. Days 2 to 5: if the charge was an error, accept the dispute; if not, build the packet. Before the deadline, with two days of margin: submit the evidence. Day 7: send the owner letter if the dispute is still open. Days 60 to 90: decision arrives. Win: post the returned money. Loss: the balance follows the regular collection policy, starting with the state-required notice. Give the treasurer authority to answer disputes without a board vote. A response window of a week or two will close before the next meeting.

Mistakes that turn a $300 dispute into a $1,000 problem

Ignoring the email because it looked like processor spam. Send dispute alerts to two directors. Treating the lost dispute as a write-off. The assessment is still owed. Skipping the statutory notice and sending the account to a lawyer anyway. In all three states, the required notice and cure period come before collection fees or attorney fees can be charged to the owner. Arguing the merits of the special assessment in the evidence packet. The issuer does not care, and it buries the proof of authorization. Running the card again without a fresh authorization, which invites a second dispute that is much harder to win.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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