THE COLLECTION PROCESS – PART ONE
Eric Glazer, Esq.
Published July 6, 2020
So this blog will discuss the collection process from the
association’s perspective. It will tell you what the
association must do if it wants to attempt to collect from an
owner who is not paying their assessments. It does not tell you
what to do if the bank already started foreclosure proceedings
or if the bank started foreclosure proceedings after the
association has started their own collection process. Those
issues are for another day. And…..believe me…….there is never
the perfect answer that is going to get you back everything you
are owed unless you sometimes get lucky.
In any event, up until about a decade ago, if an owner failed to
pay assessments, the association could file a lien against the
unit and threaten a foreclosure action. The law has changed.
Now, in a condo, the association must first send a letter to the
owner explaining all amounts that are owed and threaten to file
a lien if the owner does not come current in 30 days. The
letter demands late fees and interest if allowed under the
declaration and attorney’s fees. In an HOA, a 45 day letter is
If the owner does not pay, after 30 days the association can
file a lien. The association must also send a letter to the
owner that provides a copy of the lien that has been filed, and
letting the owner know that the association will file a
foreclosure action in 30 days if all amounts are not brought
current. In an HOA – it’s 45 days.
Within the next few weeks hopefully the association gets paid in
full or an agreed payment plan is entered into. If not, it’s
off to court and now it gets really expensive. There’s filing
fees, process server fees and of course, attorney’s fees.
Next week, we’ll talk about what happens next and whether the
association must a cept partial payments and how they are to be
HOA & Condo Blog
Eric Glazer graduated from
the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for more than 2
decades and is the owner of Glazer
and Sachs, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He is certified as a Circuit
Court Mediator by The Florida Supreme Court and has mediated
dozens of disputes between associations and unit owners. Eric
also devotes significant time to advancing legislation in the
best interest of Florida community association members.