11/22/2024 2:33:50 PM
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Section 5: OPA Board Subject: Rakowski Motion CC Fees Msg# 1215685
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I think the 3% convenience fee is fine. I don't want to pay extra so I write a check. I certainly don't want to supplement this expense for others as this Motion would do. Alternatively, OPA could raise the assessment by 3% and then give those that pay by cash/check a 3% discount.
If a 3% fee isn't charged, I will use my credit card and get the points. |
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For reference, the above message is a reply to a message where: Bruce, can you comment on whether or not the following part of the HOA Act shown at bottom of this post is still effective and can OPA legally charge some fee for association members who choose to pay their assessment via credit card if such charge complies with the Act section below? As you must be aware, Monica Rakowski has a motion on the agenda for the meeting tomorrow to eliminate the credit card "convenience" fee and add any such charges absorbed by OPA as an operational expense. With the elimination of the convenience fee, the number of people paying via credit card is likely to explode as people can gain CC points without paying a CC fee. If 8000 owners decide to pay via CC then the potential operational expense is around $240,000. That means the budgeted assessment rate would increase by adding an expense of $240,000. Thus OPA is actually collecting the "convenience" fee, and then adding it to the budget/assessment. This makes no sense to me, but perhaps I do not fully understand the issue. Without the ability to collect a convenience fee, OPA should simply not allow assessment payments via credit cards. Essentially, it forces all associations members who pay via check/cash to pay the convenience fees of those who pay via credit card. Rakowski's motion will impact all association members but there has been zero advanced discussion of the issue. At the very least, this should be the topic of a Town Hall meeting before any such motion is made. In my view, the motion should be withdrawn until association members are informed on the issue. "HOA Act Section 11B-114 - Electronic payment fees(a) In this section, "electronic payment" means payment by credit card or debit card.(b) A homeowners association may require a person from whom payment is due to pay a reasonable electronic payment fee if the person elects to pay the homeowners association by means of electronic payment.(c) An electronic payment fee may not exceed the amount of any fee that may be charged to the homeowners association in connection with use of the credit card or debit card.(d) If a homeowners association elects to charge an electronic payment fee under this section, the homeowners association shall specify on or include notice with each bill and other invoices for which electronic payment is authorized that an electronic payment fee will be charged." Md. Code, RP § 11B-114 |
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OPA Board Meeting - Golf Clubhouse
11/23/2024 - 9:00 A.M. 3 days or less away! |
Special Board Meeting - Board Room
11/25/2024 - 7:00 P.M. 3 days or less away! |
OPA Board Meeting - Golf Clubhouse
12/21/2024 - 9:00 A.M. |
OPA Board Meeting - Golf Clubhouse
1/25/2025 - 9: A.M. |
OPA Board Meeting - Golf Clubhouse
2/22/2025 - 9:00 A.M. |