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3 Steps To Collecting Delinquent Condo Fees

Posted on Wed, Aug 11, 2010 @ 07:38 PM
  
  
  
  

Most HOAs and Condo Associations have some level of difficulty collecting delinquent condo fees and assessments.  There are 3 actions a Condo Association or HOA can take to collect.

Send Notice of Demand for Collection (NOD). Although Notices of Demand are often sent by lawyers, they can be sent directly by the association. This document put the delinquent owner on notice and informs them of the HOA or Condo Association's right to place a lien on the property. 

Record Liens. Liens alert lenders, purchasers and title companies of a "cloud on title" that needs to be cleared up. For this reason, long standing delinquencies often get cleared up at refinancing or sale closings. A recorded lien improves the odds of collecting even if an owner files bankruptcy or a lender forecloses. If the lender forecloses, the association can collect if there are surplus proceeds. If there is no lien and the property is sold, the association has no claim.

Let the Attorney Handle It. After several rounds of written notices and 60 days have passed, turn the matter over to the HOA's attorney. Cease communications with the debtor. Referring all calls to the attorney will expedite the process.

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COMMENTS

HOAs coming up with a plan for how to handle delinquencies, then being consistent in your handling will go a LONG way towards both supporting compliance and protecting the HOA. 
 
 
 
It's understandable to have a hard time here: these are your neighbors, likely people you know in some way. Still, the larger responsibility is to all of the people in the HOA. 
 
 
 
Find your median between compassion and consistent, ethical action.

posted @ Monday, April 27, 2009 2:39 PM by @condolaw


It is a tangled web they have weaved. Pay attention closely. Managment companies have taken the stance of putting off as much of the costs onto the individual owners. Resulting in them having an incentive to not attempt to collect account until they are 90 days pastdue. The reason is to induce owners to incur additional costs of the one notice they send before sending the account to the attorney. From there the management company adds on transfer fees to the amount owed the association then the lawyer adds his fee. 
 
The problem is most owners are already upside down in their homes. If they aren't values are about to drop again and they will be upside down then. Filing for hoa foreclosure achieves nothing and will just cause more losses to the association in legal fees and lost dues. Plus, the management company makes more money from disclosure statements etc.from the sale. Getting a judgement and filing a debtors exam will be fruitless because we can expect more job losses coming up and with 2300 banks such as BofA being in trouble. Anyone with more than the insured amount will lose it because there are no banks large enough and healthy enough to take them over to prevent them from closing. Therefore, their net worth may not be enough to allow for wage garnishments. Making this kind of suit unfruitful and taking a 400 or 1200 dollar debt and turning it into a 2 or 3,000.00 debt. Instead of the association just absorbing the 400 or 1200 the attorney may seek payment from the association instead of the owner. But either way when people don't pay dues or services or steal from stores prices go up. If your attorney doesn't get paid his rates go up. If the association doesn't get paid then dues go up.  
 
Think outside the box. If your association is willing to accept antiques or something of value and auction it to the owners or they could put it in storage and do a large estate sale at year end then put the money twards the owners debt instead of making people incur the expense of legal then do it. If they are reasonable people they will realize that the association is in a no win situation and to get past dues paid they must stop doing what they have always done. They have to get creative with solutions and stray from the traditional methods. It will work if the board is willing to take control and do more than just attend meetings. If we work together we can get throught it with some bumps and bruises. If we don't we will all suffer. Individuals have suffered enough it is time for people to step up and do something other than watch others drown.

posted @ Tuesday, October 26, 2010 2:25 AM by thinkchange


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posted @ Saturday, October 08, 2011 2:30 AM by Canada Goose Parka


I have a common area in front of my house that consist of a group of utilities. I was told the hoa would alway care for this area becaused it's used by all the homes. After 6 years the bushes were dieing I relandscaped in the amount of 1,000 there is no writing in place stating howw much ,when or not to relandscaping. now the hoa wants me to pay or they are threating to place a lien on my house . Can they do that?

posted @ Thursday, October 13, 2011 5:30 PM by Sally


Good to share your theme is very important for us useful ... Thank you. I just like this approach you with this subject. It's not every day, not every day can be found something so simple and enlightening.

posted @ Monday, August 27, 2012 5:49 AM by Cabs and Car in jodhpur


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