Unit Owner Refuses to Issue a New Check for Common Fees to Replace Lost Check

N.W. from New Haven County writes:

Dear Mister Condo,

Condo owner paid monthly dues, but check was lost. Now the condo owner will not replace it. How do we get this condo owner to issue a new check?

Mister Condo replies:

N.W., sorry to hear that a common fee check was lost and that the unit owner who issued the original check will not simply issue a new one. Needless to say, there are many ways a check can be destroyed or misplaced before it is cashed and the issuer of the check will not be able to prove that payment on their account was made without an archived version of the processed check which will not exist due to the fact that it was lost. I would notify the check issuer in writing that the check was lost and that they are free to issue a “stop payment” order on the check and to kindly replace the lost check with a new check. If that doesn’t work, the late fee for the missed payment will certainly get their attention and will get them to issue the new check. If the association is feeling that it wants to protect the issuer’s payment history with the association, it may wish to waive the late fee as an act of good faith but there would be no way for the lost check issuer to prove that their payment was made on time – because it wasn’t! I respectfully disagree with your opening statement that the owner “paid” their monthly dues. The act of issuing a check is not the same as making payment. Payment occurs when the funds change hands. So far, that hasn’t happened. All the best!