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It's important to act swiftly to recover funds due to the Association PDF Print E-mail

When an owner becomes delinquent on assessments, the Board has a duty to collect the funds due to the Association.  Because the process can take some time, it is important not to let the delinquency occur for too long before taking action.

If assessments aren’t being paid, it’s possible that other bills aren’t being paid, either, such as the mortgage.  Unless the Board has started the legal process and therefore recorded a claim to delinquent assessments, it may not see the funds it is owed if the owner goes into foreclosure or files for bankruptcy.

In the case of a foreclosure, the bank will become responsible for paying current assessments on the unit but will not be required to pay for any delinquent assessments.  If the unit is sold, the new owner will be responsible for six months of unpaid assessments. However, as the entire foreclosure process can take 12 to 18 months, the Association will potentially lose out on many months of assessments before the unit is sold.  Legal collection action can help to mitigate the loss.

If the owner files for bankruptcy and the Association has not filed a lien against the unit for any delinquencies, delinquencies existing prior to the date the bankruptcy will be discharged in bankruptcy.  If the Association waits too long to begin collection action it risks losing those amounts due to the Association.

When an owner becomes 60 days delinquent (two months of payments) on their
account the owner should be sent to a collection lawyer.  Here's what happens:

The Association provides a statement of the owner’s account to the lawyer.  The lawyer sends a 30 day notice demanding the outstanding assessments as well as any late fees and the legal fees that are incurred for the service (all legal fees are charged back to the owner's account).

If the owner doesn't pay within 30 days, the case goes to court.  The owner has a chance to show up and prove that they have paid the amounts due.  If they can't do that or they simply don't show up, a judgment is awarded to the Association for the amounts due.  The lawyer will also file a lien on the property and a "Forcible Entry and Detainer" action.  This allows the Association to take possession of the unit, rent it out and collect the delinquencies on the account.  It takes 60 days before an eviction can happen.

If the owner does not pay within the 60 days, the sheriff will proceed with an eviction.  The Association is granted possession for 13 months to rent the unit and recoup the delinquencies on the owner’s account.  Once the delinquent fees are collected, the owner regains possession of the unit. 

If the bank forecloses on the property while the Association has possession, the bank must proceed with legal eviction to remove the tenants.

There are a number of factors that can complicate this process and taking possession is certainly not the easiest process for the Board.  However, getting the legal action started is often enough to convince the owners to get caught up.  

It is important for your Board to review its collection policy and ensure that the proper steps are being taken in a timely manner to successfully collect delinquent accounts.  If you do not have a collection policy, now is the time to implement one.

See “Creating an Effective Collection Policy.”

 

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