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The Legal Collection Process - An Overview PDF Print E-mail
Pursuing legal collection action for delinquent owners can be a challenging and time-consuming process for a Board.  Understanding the steps of the process and implementing appropriate policies for collection action can help to streamline the process.  If your efforts are well-organized and you are aware of the potential time line for resolving delinquencies, collecting delinquent accounts won’t be quite so daunting.

Preparing for collection action

  • Communicate with the owner if possible to work out a payment plan

Communication is always essential within a condominium association.  If the Board can effectively communicate with a delinquent owner about delinquencies and arrange for a payment plan without heading to collections, a lot of time, money and stress may be avoided.  Any payment plan should be reasonable for both the owner and the association, put in writing, and followed up regularly to ensure that the owner remains compliant.

The Board’s determination is binding, but there is always room for flexibility.  Owners who communicate and make a concerted effort to catch up on delinquencies should be accommodated if possible.

  • Delinquencies must equal two months

Most collection attorneys require that a balance of at least two months’ worth of assessments exist on an account before they can initiate collection action.  When an owner has accumulated a balance equal to twice their regular monthly assessment (including any late fees, fines or legal fees), they may be turned over for collection.

  • Late fees are limited

There is a limit to what judges will award an association when it comes to late fees.  An association will be awarded late fees only for months in which the owner did not pay their full assessment, even if a balance still exists on the account.  So if John Smith’s assessment is $150.00 and he did not pay his September assessment by the due date of September 5th, a late fee may be applied.  However, if he pays at least $150.00 by October 5th, an additional late fee cannot be applied for the September payment that is still outstanding.  Your collection policy should take this into account.

  • A detailed statement of the owner’s account will be required

A complete and detailed statement of the owner’s account must be provided to the collection attorney in order for collection action to be initiated.  The Treasurer must keep detailed records for each owner of all charges applied and all payments received.

  • Legal fees and costs will be charged to the owner

Legal fees and costs for collection action can be significant (up to $2,000 or more if the association continues through possession and eviction).  However, all fees and costs are charged back to the owner and are added to the collection amount.  Your association will need to cover the fees and costs up front but those amounts will be collected in the end if you handle the process efficiently. 

  • Foreclosure and bankruptcy action will complicate the process

Legal collection action can be costly and time-consuming, so it’s important not to waste efforts on ineffective actions.  If an owner is facing foreclosure, the bank may take the unit before the association can complete the collection process.  If the owner is under bankruptcy protection, an association cannot pursue collection action without taking additional steps.  A good collection attorney will investigate any foreclosure or bankruptcy action before beginning the collection process. However, the Board can also do a bit of research on its own when an owner begins to fall behind.

Check on any foreclosure action on the Cook County Recorder of Deeds website: www.ccrd.info

Follow the status of a foreclosure action in Cook County: http://www.cookcountyclerkofcourt.org

Steps in the Collection Process

  1. 30-Day Notice and Demand
  2. Forcible Entry & Detainer Lawsuit
    1. Service of Summons (initial attempt)
    2. Alias Summons (2nd attempt)
    3. Notice by Posting (defendant is considered served)
  3. Court Date & Judgment
  4. Order of Possession & Stay
  5. Eviction by Sheriff
  6. 13-month possession period
  7. Option to file for an extension

The ability of the sheriff to serve the defendant and any foreclosure or bankruptcy action will determine the time line for this process.  If the defendant is served on the first attempt and is not under bankruptcy protection, an association can take possession in about 5 months.  The association can then rent out the unit for 13 months to recover delinquencies.  An extension may be sought if all amounts have not been recovered after 13 months.

The association should utilize a condo law attorney to handle the collection process.  

 

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