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CarolinaB (California)
Posts: 7
Posted:
The HOA that i am part of in Port Hueneme CA never had a collection policy in place. Now we (the board) is in the process of drafting the collection policy that will go out to all the home owners. I have done tons of research and there is really no standard form for it. There are some that are very specific and other that barely cover any information. How much is too much> and has anyone had any issue when trying to deal with a delinquent owner and not taking the collection policy steps? I think that every case is different and it should be general but what do you guys think?
I am attaching what we have so far so we can have an idea of what i am talking about.
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MelissaP1 (Alabama)
Posts: 13,836
Posted:
What do you mean by the Letter of Collection of like over 1K? Is that foreclosure of a lien? Just curious what that references.

First off, you need to have a time limit in place before putting the policy into place. That means payments must be paid by the 15th of the month or be considered late. Then you figure in the late charge. Which is either listed in your documents or dictated by state law. Ours was $20 fee on late fees. Later we added interest on to that when we placed a lien. The interest rate is also in your documents or by state law. Which is usually less than 6% or something above the prime rate. You have to be careful of what the law considers "loan sharking" rates.

A good rule of thumb is to follow the bank's lead. That's usually the costs of a returned check. Which is what your entitled to for your expenses back used for collections. A court can ONLY make you "whole" it does not give you a profit and looks only at the costs out of pocket it took to collect. Those are usually the filing/legal fees and expense of collection.

We had a 6 months we liened policy in place. After a year we would VISIT the idea of a foreclosure. There are soo many issues related to foreclosure that one should be in no hurry to go into foreclosure. Plus one can not foreclose on those active military persons or homes being foreclosed on by the bank.

I advocate avoiding lawsuits as a means to collect. Liens have more power to them as they keep the owner from selling until they pay what is owed. It also accumulates over time. A lawsuit does not accumulate and the person can sell without paying the judgement. Once gone, it is much harder to track down and collect.

So put in a time limit so it's not looking like your picking and choosing. Start by giving those notice that already qualify at this point for the time limit by granting maybe a 3 month lienency policy until fully deployed. That way those interested in paying have a chance to work out payment plan. Plus weeds out those who won't. Good luck and a good start!

Former HOA President
RichardP13 (California)
Posts: 1,767
Posted:
Here is a link to Davis-Stirling.com ( http://www.davis-stirling.com/MainIndex/CollectionPolicy/tabid/3168/Default.aspx#axzz2lCw6QrMW ) that will help you with the proper elements required in drafting a collections policy meeting California's Civil Code requirement. If you have a PM, they should be able to draft a policy that must be distributed annually with your Annual Disclosure and Budget and Statement Policies.
RichardP13 (California)
Posts: 1,767
Posted:
Quote:
Posted By MelissaP1 on 06/30/2014 10:55 PM
What do you mean by the Letter of Collection of like over 1K? Is that foreclosure of a lien? Just curious what that references.

First off, you need to have a time limit in place before putting the policy into place. That means payments must be paid by the 15th of the month or be considered late. Then you figure in the late charge. Which is either listed in your documents or dictated by state law. Ours was $20 fee on late fees. Later we added interest on to that when we placed a lien. The interest rate is also in your documents or by state law. Which is usually less than 6% or something above the prime rate. You have to be careful of what the law considers "loan sharking" rates.

A good rule of thumb is to follow the bank's lead. That's usually the costs of a returned check. Which is what your entitled to for your expenses back used for collections. A court can ONLY make you "whole" it does not give you a profit and looks only at the costs out of pocket it took to collect. Those are usually the filing/legal fees and expense of collection.

We had a 6 months we liened policy in place. After a year we would VISIT the idea of a foreclosure. There are soo many issues related to foreclosure that one should be in no hurry to go into foreclosure. Plus one can not foreclose on those active military persons or homes being foreclosed on by the bank.

I advocate avoiding lawsuits as a means to collect. Liens have more power to them as they keep the owner from selling until they pay what is owed. It also accumulates over time. A lawsuit does not accumulate and the person can sell without paying the judgement. Once gone, it is much harder to track down and collect.

So put in a time limit so it's not looking like your picking and choosing. Start by giving those notice that already qualify at this point for the time limit by granting maybe a 3 month lienency policy until fully deployed. That way those interested in paying have a chance to work out payment plan. Plus weeds out those who won't. Good luck and a good start!

Caorlina

My suggestions would be to follow California law and not Alabama law or someone's interpretation. Legally, your association could get into hot water.
PitA1
Posts: 222
Posted:
California has laws governing HOA collections.

FOLLOW THEM

voila, no opinions involved
SheliaH (Indiana)
Posts: 6,964
Posted:
Personally, I have no issue with lawsuits - as you may have seen on another thread, Melissa and I disagree on that point, but that's ok.

Otherwise, I think you have a good starting point. You may also want to add some language stating the board will consider payment plans in cases of financial hardship, but aren't obligated to do so and payment plans don't preclude the association from taking other steps to protect its interests (e.g. filing a lien until the account is made current).

Last year, our association added language regarding bankruptcies and mortgage foreclosures - basically we said these don't necessarily relieve the homeowner of his/her obligation to pay fees and as long as the property is in the homeowner's name, they're responsible and so they should talk to their private attorney for more information.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AnnH5 (Florida)
Posts: 304
Posted:
Richard is correct, you will need to follow your state's laws in terms of a collection policy. In our Association, we did exactly that with our Association's attorney. Prior to our community having a uniform policy, collections were all over the place. A homeowner could have a lien placed for anything from $150-$6000 and when the Association moved to foreclose on a lien it was also all over the place. In any case, I would recommend that a part of your process is the use of Certified Letters in any matter regarding debt collection.

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