Insurance news and information

Suppose your resident is behind in his payments to your condo association. Now suppose he has someone renting his unit. Should you as a condo association approach the renter and attempt to collect the owner’s rent instead of waiting for the delinquent resident to pay up? Can you?

Likely not. Your agreement is not with the person renting the apartment or condo. Your written agreement was signed by the resident in question. The renter has no idea usually that the resident isn’t paying his bills, nor does the renter have control over the resident’s actions. Also, renters pay maintenance fees as part of their rent payment to the owner. It’s the owner’s responsibility to forward those payments to the association, not the renter’s. Neither the association’s agreement with the owner nor the agreement between the renter and owner is set up to force a renter to pay an owner’s expenses, nor should they. Read more…

The bills still have to be paid, recession be damned! Yet too often condo associations straddle the line between collection and having their late fee charges deemed unreasonable in an attempt to collect late association fees or other property-related bills.

Associations are allowed to charge reasonable late fees. But the definition of reasonable, and the frequency and application of reasonable, could land your association in hot water should you not lay out your terms from the start. Late fees should not outpace the amount due, nor should they be so high that collection becomes impossible. Many associations assess a $25 late fee, which meets the reasonable criteria.

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It’s not fair, is it? Your homeowner’s association is holding a stack of overdue association dues notices, yet there your residents are, still watching their cable and using their phones. You as an association want to make a statement – send a clear message to your residents that you’re on to them and that until their dues are paid, life is not all rosy. So you decide to shut off cable service or phone service to your past-due residents. A good idea, right?

Wrong. See, most states do not allow for associations to restrict or deny its residents any amenities as a means to force payment. Oh, you want to, but oh no, you can’t. It’s about protection for the consumer, not the association. Your homeowner’s association is limited to taking only the corrective action it has set forth in writing as a means of collection. Read more…