Collection of assessments
is essential for the financial well being of the Association, and
the Board of Directors has all the power it needs to force collection
of sums due from a unit owner.
The Board should have a policy concerning late payment of assessments.
Associations should take advantage of the right given them by the
Condominium Act to charge up to 18 per cent interest on assessments
not paid on time.
When condominium fees are seriously overdue, the Board can take
one or more of the following steps.
a. Give the unit owner notice that the Association will File a
"notice of lien" in the County Registry of Deeds unless
past due payments are made and contact the bank holding the mortgage
of the delinquency. This will insure that if the owner sells the
unit, the attorney or title company searching the title will know
of the lien.
b. Where a unit owner still does not pay up, the Association can
start legal proceedings against the owner in one of two ways.
-Small
claims court
-Foreclosure. The Association has the right to foreclose on a
unit, in much the same manner as a bank holding a mortgage. A letter
notifying a unit owner that foreclosure proceedings are imminent,
will usually result in payment being made.
Any expenses, including legal fees, incurred in collecting assessments,
will be awarded to the "prevailing party", meaning that
a delinquent owner will usually be liable for much more than simply
the amount of the past due assessments.
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