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Sunday, October 12, 2008

Delinqencies

This is from an article in a Seattle newspaper:
Question: When homeowners in our large condominium association fall behind on their dues, our recourse has been to put a lien on the property. Realistically, are there other avenues of recovery we could pursue? Perhaps take them to small-claims court? Or turn them over to a collection agency?
Answer: Has your association been trying to economize by filing liens without a lawyer's help? If so, you've probably figured out that "a lien by itself isn't self-executing," says Mercer Island attorney Kris Sundberg.
In other words, just having a lien doesn't deliver the bucks. Association officers would then have to continue to pursue the delinquent owners.
Alternately, you can take your case to small-claims court. That will put the burden on the board members to file, show up, and present a case - an additional duty they may not be willing to entertain. And even if they do proceed and get a judgment, it won't automatically pay off, which means you must continue to pursue the owner.
As for using a collection agency, be prepared to pay the agency 40 percent or more of anything it collects as service fees.
The final option is hiring an attorney experienced in condominium law.