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HOW TO COLLECT WHAT’S DUE?
By
Eric Glazer, Esq.
Published October 23, 2023
We are already starting to see an uptick in the amount of owners
falling behind on paying their assessments to their
association. It is wise for an association to know how the
collections process works in for the board to put in place a
policy that works best for the association.
In both condos, Co-ops, and HOAs, the procedure is the same.
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To start, the association must first deliver a thirty day
written notice of late assessments to the unit owner which
specifies the amount owed the association and provides the
unit owner an opportunity to pay the amount owed without
the assessment of attorney fees.
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If the owner fails to bring their account current,
the
association must then provide the delinquent unit owner with
another letter which is a 45 day notice of its intent to
file a lien and its intent to foreclose its lien. The
association can demand attorney’s fees, interest and late
fees in this letter.
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If the owner fails to bring their account current, the
attorney can record a lien and threaten to foreclose on the
lien if their account is not brought current within 45
days.
The association can demand attorney’s fees, interest and
late fees in this letter.
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If after 45 days the owner still fails to bring their
account current, the association may file a foreclosure
action in court.
Keep in mind that because the unit owner must receive a 30 day
letter, a 45 day letter and another 45 day letter, it takes a
long time to bring a delinquent owner into court. That is why
associations may need to rethink their collection process and
start it a little earlier. If not, by the time it gets to
court, the owner may by 9 or 10 months delinquent.
Especially in condominium buildings, things are about to get
tough. There are now mandatory inspections, mandatory repairs,
mandatory fire sprinkler or ELSS installation, a tremendous rise
in insurance and the inability to waive reserves. Stay on top
of your collections.
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About
HOA & Condo Blog
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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 three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric has been the host of Condo Craze
and HOAs, a weekly one hour radio show that airs at 11:00 a.m.
each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 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.
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