If you have owners who don’t pay their dues, WUCIOA is better for most communities. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after…
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Happy New Year! We’re starting off the new year with a bang here at Condominium Law Group, where our collections practice has tripled in the last two years. Increased volume has meant more opportunities to learn strategies for collecting unpaid assessments and, even more importantly, preventing delinquencies before they begin. Today, I want to give…
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Can condo associations intercept rent from a tenant living in an owner’s unit? This week we assisted a tenant living in a unit that is going through a bank foreclosure. The condo association has demanded that the rent be paid to the association, not the landlord. The association is threatening to sue if they don’t…
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A lien is a document that records a debt, using a condo unit as collateral for the debt. Ordinarily, a lien against real estate has “priority” based on the date the lien is recorded. Once a lien is recorded, it becomes next in line to any liens previously recorded – first come, first served. This…
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Association attorneys can talk all day long about the “stick” approach to collecting delinquent assessments, because that’s what we do – we get involved after a delinquency already exists. However, the “carrot” approach to collecting assessments – essentially preventing or at least reducing delinquencies – is equally important and can save associations a lot of…
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We recently had an article published in the May/June 2010 editions of the Community Associations Journal, published by the Washington State Community Associations Institute. The article discussed our belief that adopting, understanding, and consistently enforcing a clear collections policy can mean the difference between successfully collecting money owed to your association, or not. Please follow…
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In this introduction to community association collections, we will cover the basics of why and how associations collect assessments (also known as “dues”) from homeowners. Authority to Collect Dues Associations get their authority to charge and collect dues from state law as well as from the governing documents for the association. Associations are responsible for…
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