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How HOAs can collect delinquent payments effectively

On Behalf of | Nov 15, 2024 | HOA Law |

Homeowners associations maintain the health, safety and beauty of the community through regular maintenance and various projects. However, all that would not be possible without association fees.

With that in mind, delinquent fees can quickly turn into a real issue that affects everyone. One late payment might not be a huge problem, but what can you do when there are multiple?

Start verbal or written communication

The first step to collecting late fees is reaching out to the homeowner in question. You can start with a polite and informal conversation, asking them to catch up on their payments. Some people simply forget to pay, and a reminder often does the trick.

If that does not work, consider sending them a letter with the amount of dues they need to pay, as well as a timeline of when they need to pay it.

Consider putting a lien on the home

Most HOAs have a certain timeframe before late payments become delinquent, anywhere from 10 to 60 days. If the homeowner still refuses to pay, the HOA may place a lien on their house. However, Florida law requires the HOA to provide a 45-day notice.

Liens prevent homeowners from selling their homes without paying off the unpaid fees. This can be enough to convince a homeowner to pay to avoid the hassle.

Pursue legal remedies

Pursuing legal remedies, such as filing a lawsuit, may be necessary if all the other methods have failed. Suing a homeowner is often the last resort, usually in cases where the unpaid amount is too significant to ignore.

If you choose to go this route, it’s advisable to seek legal guidance. An attorney can help make sure your actions comply with the governing documents and relevant laws so they don’t backfire on the HOA.

Delinquent fees are an unfortunate reality that HOAs have to handle. But with the right decisions, you can keep the community’s funds intact and discourage other homeowners from not paying their dues.

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