Important Reminders Regarding Collection Procedures

Please Remember the Following Procedures
for Successful Legal Collections:

I. Collection Policy:

Please remember to follow the revised HB22-1137 Collection Policy for each individual Association. There may be variations present in each Association’s policy, therefore it is important that each be followed as written.

II. Delinquent Notice Posting on an Owner’s Door:

Please remember that the posting on the door of a delinquent notice is required and necessary prior to the transfer of an account to collections. As such, the posting must be documented by the process server or the person who is responsible for posting the notice.  The documentation shall include:

  • Pictures of the posted envelope. The Owner(s) name(s) and address must be printed on the envelope and clearly shown in the picture;

  • The date and time of the posting;

  • The name of the person who performed this service as that person may become a witness for the Association in a future court case.

 
 

III. Additional Documentation:

Additional documentation will be needed when transferring the file to collections. This will include:

  • Dates when the delinquency notices were mailed via Certified Mail to the Owner(s) and copies of the same; and

  • Dates when the delinquencies notices were mailed via First Class Mail to the Owner(s) and copies of the same; or

  • Dates when the delinquency notices were texted to the Owner(s) and copies of the same; or

  • Dates when delinquency notices were emailed to the Owner(s) and copies of the same; and

  • Minutes or signed form that documents when the file was approved to be transferred to collections.

Properly following the Collection Policy and procedures outlined will help ensure the Association’s success in collecting outstanding Assessments. We recommend that a checklist be generated for each delinquent Owner to ensure that no steps are overlooked.

Do you have additional questions about these or other legal matters? We are here to help.

Please contact us at info@westernlawgroup.com


THIS IS NOT LEGAL ADVICE. FOR INFORMATIONAL PURPOSES ONLY.


 
 

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Phone: (720) 542-8724 | Fax: (720) 542-8726 | Email: info@westernlawgroup.com