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when I installed new windows in my townhouse, I had to file some paperwork with the HOA and they also asked me to fill in a form (covenant IIRC) which they were supposed to file with some county office. The fee to register that covenant with the county was $40. So I wrote a check to my county.
they never cashed it. I always keep a much larger balance in my account, but obviously this uncashed check is something that I always have to remember just in case they find and cash it. is there a time limit or even after 10 years they can still cash it?
I don't have the energy to call the county offices and try to figure out what happened to my check, after all it's their interest to cash it not mine.
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The bank may not honor it at this point even if they try to cash it now. Had a misplaced birthday check get denied when I tried to cash it seven months after being written. But that was not to a government entity.
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After six months, it is a stale check. The bank is under no obligation
to honor a stale check. Most banks won't either.
If you google stale check, you'll get thousands of hits.
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Checks are technically "stale-dated" after six months. However, the bank can cash it, or not, at any time that it's presented. It's their choice. The UCC leaves that up to the bank. Same thing with post-dated checks, they can clear before the date on the check, unless you specifically notified the bank that you issed a post-dated check. Most checks are not sight-checked now, they clear electronically, so no one ever looks at that date.
You can do three things: call the HOA and ask if they still have your check, and if they ever plan to turn it in to the county. My guess is that your HOA never turned in the paperwork and check you gave them.
OR you can do nothing, and the check might turn up clearing your account someday
OR you can put a stop pay on the check and pay a fee, but there's probably little value in doing that .
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In my experience, I think most banks will honor it up to a year from the date - after that, just depends on the bank's policy.
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BTW, I had a check clear my account recently that was 3 years old.
It's not uncommon.
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The bigger question in my mind is whether the paperwork that the fee was meant to cover was properly filed. Will the absence of that paperwork send up a red flag if and when you sell the townhouse, and will that be a hindrance to closing?
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My credit unions just says no to anything over 90 days old.
