Once association counsel obtains a personal Judgment against the unit owner for failure to pay maintenance fees, late fees, attorneys’ fees and costs, and other charges, we look for ways to collect on the Judgment. One method of collecting on the Judgment is by garnishing the unit owner’s wages.
Continue Reading How Community Associations Can Collect on Judgments by Way of Wage Garnishment

Once association counsel obtains a personal Judgment against the unit owner for failure to pay maintenance fees, late fees, attorneys’ fees and costs, and other charges, we look for ways to collect on the Judgment. One method of collecting on the Judgment is by levying a unit owner’s bank accounts.
Continue Reading How Community Associations Can Collect on Judgments by Levying Bank Accounts

May is a month of collection opportunities for associations. Most associations suspend pool privileges for those unit owners who are delinquent in paying their assessments. Therefore, associations tend to experience a surge of unit owners seeking to remit payments prior to Memorial Day weekend, when most pools open.
Continue Reading If You Want to Play, You Need to Pay

Tax Season is a great time for associations to collect their delinquent assessments. Often times, delinquent unit owners seek to pay off their arrears with their tax reimbursement checks. It is important that associations provide their attorney with an updated delinquency report to pursue, so the attorney can commence collection efforts. Boards should seize the opportunity to reduce their delinquencies and bring money in for their association.
Continue Reading Collecting on Assessments During Tax Season

For many associations, a good portion of the Board meetings are spent reviewing the ever-growing delinquency report. Boards are faced with different variables when dealing with their delinquency report. For example, a large delinquent account could be a vacant unit that has had a mortgage foreclosure pending for over two years.
Continue Reading Associations Battle Delinquencies

Once association counsel obtains a personal judgment against the unit owner for failure to pay maintenance fees, late fees, attorneys’ fees and costs and other charges, we look for ways to collect on the judgment. If the delinquent unit owner owns a vehicle, one method of collecting on the judgment is by levying the vehicle and selling it at auction.
Continue Reading How Community Associations Can Collect on Judgements by Car Levy

Last week, the Appellate Division held, in the case of Midland Funding LLC v. Giambanco, that a consent judgment that contains clear language that a debtor has made a “knowing and informed” waiver of notice for wage execution does not violate any statute, rule or public policy. The Appellate Division went further to advise the trial judges that they may not unilaterally alter a parties’ consent judgment to comply with a statute or rule or to benefit either party. If a certain provision in a consent judgment is found not to comply with a statute or rule, the Court should reject the form consent judgment and return the case to the parties.
Continue Reading Debtors May Waive Notice of Wage Execution, So Long as the Waiver is “Knowing and Informed”