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while providing an association with a
sense of the background of the mat-
ter and the association’s chances of
recovery on the account.
Upon referral of a collection matter,
association counsel should review
with the board and management
any pertinent information in order
for the board to render an informed
decision as to whether and how
to proceed with collection efforts.
Associations have multiple options
available to them, including placing
a lien against the property, pursuing
a money judgment complaint, pro-
ceeding with foreclosure, seeking
the appointment of a receiver and
negotiating a successful payment
agreement with the unit owner. In
every situation, the Association must
evaluate the competing factors of
money spent versus money recov-
ered in order to determine, with the
guidance of counsel, whether and
how to move forward.
With multiple options available,
associations should consider the most
prudent and efficient use of counsel
and decide, with consultation with
their attorneys, how counsel will best
be utilized in the association’s overall
collection strategy and with individual
accounts in collection. Depending
upon the pervasiveness of an asso-
ciation’s collection issues and the
resources available for an association
to pursue those accounts, associations
need to work carefully with counsel to
maximize the amount of unpaid fees
recovered. n
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