Who pays collections costs — the association or the delinquent owner?
Most states and most declarations allow the association to charge reasonable collection costs and attorney fees back to a delinquent account. The practical problem is recovery. If the owner never pays, or the balance is wiped in a foreclosure or a bankruptcy, the association absorbed every step of the ladder — the letters, the lien preparation, the recording fees, the legal work.
So the question to ask a Management Company is not who is charged. It is: what does the association pay up front, at what point, and what happens to that money if the account is never collected. Some firms front collections costs and recover only on collection; most bill the association as they go.
Ask for the complete step-by-step ladder with a price on each rung, and ask what proportion of accounts entering it actually resolve. A firm that tracks that number is running a real collections operation. A firm that does not is running a letter mill.
General information for Board members, not legal advice. State law and your governing documents control, and both vary.
More on where the money actually goes
- Can a management company mark up vendor invoices?
- Should the management company keep the interest on our bank accounts?
- Who pays for HOA resale and estoppel documents?
- Who keeps late fees and interest on delinquent accounts?
- Can the Management Company hold our association funds?
- Who should be signing association checks?
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