Delinquent Unit Owner

Late Fee Letters

Seacrest automatically sends Llate fee" letters to delinquent unit owners.

Unit Owners in Arrears: 3/1/2024 Seacrest Update

As part of monthly financials, you will receive, as needed, a delinquency report showing those unit owners who are behind on the monthly maintenance or other payments to the Association. The Board of Directors, has a fiduciary duty to pursue debts owed to the Association by the unit owners.

After ninety (90) days, you are within your rights to proceed with the collections process. The Association Attorney’s or a third-party Debt Collection company will take the necessary actions. Either route will result in the unit owner being charged interest and legal fees for the time needed to collect the money owed.

In an extreme circumstance, the collection company/attorney will file a foreclosure action against the unit owner. If the unit owner still fails to pay and the court agrees with the foreclosure, the unit will be sold at auction. Foreclosure is not a guarantee of the Association being made whole. When a unit owner is in arrears other debts may be owed. In a foreclosure, there is a priority of Leins, meaning that recorded debts are paid in a certain order. Typically, this order is Taxes, Mortgage, obligations, and other lien.

The WPRF payment is made directly. There may be alternatives. Additionally, the Association can report the issue to WPRF to suspend the rec area access to that unit owner. A portion of the monthly maintenance goes to paying for the upkeep of the amenities of Century Village and failure to pay the maintenance to the Association will result in their access being restricted once the issue is reported.

Be aware that there are certain restrictions that cannot be levied against a unit owner that is in arrears. The Association may not restrict access to assigned parking spaces. The Association may not restrict use of the building elevator. The Association may not remove their vehicle from the property if they are still following all the parking rules of the Association.

For additional information, please see the articles below: https://beckerlawyers.com/board-asks-what-it-can-do-about-late-payments-news-press/

Asset Recovery Program - From: UCO Reporter October 2021

Does your Association know that since the Spring of 2014, there has been a joint program between UCO and WPRF called the Asset Recovery Program? This is a great way for associations to foreclose on units that are delinquent to both WPRF and the Association. Of course, in this program as well as all other programs, there are requirements for having this done. As I am the chairman/ liaison for this program, give me (Monica Wells 561-640-3125) a call to set up an appointment to see if this is a viable option for your association.

New Law on Collecting Assessments from Delinquent Owners - Mark Friedman July 2021