A Community Association's financial health is extremely important to protect owners' investments in their home. Delinquent owners that do not pay their Association fees can drive an Association's property value down while making it difficult to finance needed projects. Our office has extraordinary experience in this area and employs various debt collection methods and techniques, including placing liens on homes, securing money judgments against owners, renting vacant homes that are delinquent as well as instituting foreclosure actions. Our firm prides itself on ensuring Association resources are being spent wisely and our clients are always advised of the cost-benefit of pursuing certain legal remedies.
In certain situations, the only avenue to collect from a delinquent owner is through a foreclosure sale. Our office has experience in foreclosure as well as in landlord-tenant issues that may arise after a foreclosure sale where occupants are in the home.
In addition to securing personal judgments, our office also recommends securing the debt due to our clients by placing liens against the homes of delinquent owners, if permitted by the Association's governing documents, in order to secure the amounts owed to the Association. This is important as it protects the Association's priority interest should a lender foreclose on the home as well as to secure the amounts owed should the owner file bankruptcy. Further, a recorded lien will notify subsequent owners of amounts due to the Association should there be a sale.
Our office first attempts to resolve all debt collection issues with delinquent owners by methods other than litigation. However, should that fail to lead to successful results, our office is structured to move expeditiously to secure personal money judgments against delinquent owners. Once a judgment is obtained, we use our resources to search for assets the delinquent owner may have to satisfy the debt to the Association.
Vacant homes within an Association may take years before a lender forecloses on their mortgage. Instead of permitting the delinquent balance on that home to continue to accrue, our office has experience in obtaining rent receiverships, which allows the Association to rent the vacant home and apply the rental income to the owner's delinquent balance.