Board members often tell Mulcahy Law Firm, P.C. it is the most difficult duty they have to oversee, the collection of association assessments, and dealing with the delinquent owner compounds the difficulty. However, allowing delinquent assessments amounts to increase without action, gives the association membership the impression that delinquencies will not be pursued and that there is little to no consequence for non-payment.
If an assessment is 60-90 days past due, the association should record a notice of lien on the lot/unit. Experience has shown that the longer delinquent accounts are unpaid, accruing additional charges, the harder it will be for the association to collect the delinquent balances.
Turning over delinquent accounts to the association’s attorney is important. By providing this information immediately, the association will avoid additional delays while the attorney investigates. The association should provide the attorney all pertinent information on file: owner’s name, address, breakdown of charges and all correspondence between the owner and the association. If pertinent information is not available, the attorney may have the resources necessary to find such information.
By: Beth Mulcahy, Mulcahy Law Firm, P.C.