What is the name of your state (only U.S. law)? TN
In January I paid my HOA a lump sum to cover dues for the entire year (instead of paying each month) with a check labeled "monthly HOA dues only".
Between March and July the HOA management company levied 4 fines on me with a vague explanation like insufficient landscaping, and they secretly paid those fines on my behalf by subtracting from what I paid for HOA dues, without my knowledge, giving me the impression the fines were waived. Now they are fining me for being late on my monthly dues. When I responded that I had already paid the year's dues in advance, the management company said their policy is to put whatever money is on a homeowners account towards any past due balances like fines.
My question: Can the HOA legally re-appropriate money clearly specified to be used only for dues, to pay other expenses they throw at me? I prefer to dispute their bogus fines separately, but according to their records those fines have already been paid, as if I had acknowleging wrongdoing in paying the fines (which are actually still in dispute)
In January I paid my HOA a lump sum to cover dues for the entire year (instead of paying each month) with a check labeled "monthly HOA dues only".
Between March and July the HOA management company levied 4 fines on me with a vague explanation like insufficient landscaping, and they secretly paid those fines on my behalf by subtracting from what I paid for HOA dues, without my knowledge, giving me the impression the fines were waived. Now they are fining me for being late on my monthly dues. When I responded that I had already paid the year's dues in advance, the management company said their policy is to put whatever money is on a homeowners account towards any past due balances like fines.
My question: Can the HOA legally re-appropriate money clearly specified to be used only for dues, to pay other expenses they throw at me? I prefer to dispute their bogus fines separately, but according to their records those fines have already been paid, as if I had acknowleging wrongdoing in paying the fines (which are actually still in dispute)