ASSESSMENT COLLECTION

The duty to collect delinquent assessments is one of the essential management functions of the Board of Directors.  Our assessment collection policies are structured to maximize the potential for early, full and complete collection of all assessment matters referred to our office, including reimbursement of both costs and attorneys' fees incurred by the Association. 

The Davis-Stirling Common Interest Development Act governs the procedures required to be followed by Associations in their efforts to collect delinquent assessments from their members.  Our procedures are designed to comply with those statutory requirements.

In our opinion, the most successful available remedy for collection of unpaid assessments is a judicial action to foreclose the Association's lien and for entry of a personal money judgment.  We do not recommend non-judicial foreclosure remedies because: 

(1) they do not provide the Association with an enforceable judgment;

(2) they may not provide the Association with insurable or marketable title to the property;

(3) they may be subject to a due process challenge; and

(4) if there is insufficient equity in the property to recover the debt through foreclosure, a money judgment against the owner may nevertheless be enforceable.

In keeping with our goal of providing quality legal services, we offer judicial foreclosure services to our clients and provide services including the preparation of demand letters, pre-lien process, liens, post-lien process, judicial foreclosure, money judgments, enforcement of judgments, collection of all judgments and bankruptcy.

Fiore, Racobs & Powers is acting as a debt collector on behalf of your association. Any information obtained will be used for that purpose. DCLA License No.: 10251-99

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