By Mitch Drimmer, VP Association Financial Services

Community associations are faced with having to deal with collecting delinquent assessments in good times and bad. If a community association were to advertise for a collections company this is how it may appear.

HELP WANTED FOR COLLECTIONS

The board of directors of our community association is looking for a collections solution that will not only help us recover our delinquent assessments, but will not cost us five dollars to collect one dollar. We have been working with our community association attorneys, and although they know the community association business well, they are not effective with their collections efforts. We need more than an attorney placing a lien and then maybe foreclosing on said lien. We need action and we need it now because our collections are costing us an arm and a leg, and we are not seeing any return on our investment with our current solution.

I recently posted a question on a few social media groups that are exclusive to the community association.  In this question I asked; “How can the good paying members of a community association know who is delinquent in paying their maintenance fees?” It was a simple enough question, or so I thought, because the response was plentiful and a heated debate ensued.

Many felt that such information was not and should not be available to the members of the association.  Others pointed out that in some states financial information, regardless of its content, must be made available to every member by statute. Some felt that it was a violation of the FDCPA (which is not so because a first party creditor (the association) is not subject to the FDCPA).  So as far as the access to such information I would say that every state and almost every association needs to look at their bylaws as well as their local community association laws.  So access is still a debatable issue, and I was not surprised by the responses.  What came next, while not totally a surprise and to a large extent sad.

Lots have been said and asked about the wisdom of working with delinquent owners in community associations, and allowing them to catch up using payment plans.  Some see it as a kind and wise decision and advocate that it is the correct approach.  Others seem to feel that it is unfair, and if a member of the association cannot pay on time they should be out.  Still others are convinced that most people who engage in payment plans wind up “falling off the wagon” and don’t finish up making the association whole.  My take on the subject simply is to consider the alternative.

If you have purchased a condominium or property in an HOA, one of the documents you may be required to sign in connection with your loan is a “Condominium Rider or a Planned Unit Development (PUD) Rider.” This rider is an attachment to the document recorded in the land records to secure the note given by the lender for your purchase.  In most states including Florida, it’s called the Mortgage.

One of the most important items contained in the Condominium Rider/PUD Rider is the information regarding the maintenance fees for that particular community association. It is very important to the lenders that these fees are paid because they have an interest in the condominium unit or HOA property.  It is especially important to them if the unit has equity, because the community association has the right to foreclose on the title for non-payment of maintenance fees.