3/7/2012 9:42:06 AM
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Section 5: OPA Board Subject: OPA Loses IRS Case Msg# 823916
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Thanks for the information. I agree, we should be sending somebody to Snow Hill on a daily basis to file motions for judgement against the delinquent property. I doubt many of the delinquent owners would appear or send an attorney but even if they did it wouldn't take a Supreme Court Justice to present our case. Here's the total of the unpaid assessments (and penalties if any) your honor, we (OPA) request a judgement be issued for the amount plus X dollars for collection cost. Short of having canceled checks proving the assessments were paid we would win every time. I like the idea of collection calls but we would need to be very careful as the rules for what you can and can't do to collect a debt are very narrow. My whole point is we need to stop talking and take action......now! | ||||||
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For reference, the above message is a reply to a message where: RBauersmith: There was recently passed legislation in Maryland that now allows condominium and homeowner associations to collect a small portion of past due assessments at a foreclosure sale. While this is a step in the right direction it would only pay back to Ocean Pines a relatively small amount which is equal to way less then even one year of late assessment. The point I have been trying to make is that just because there may be a lender initiated foreclosure on an Ocean Pines property it does not relieve the delinquent member of his obligation to pay the past unpaid assessments. The only harm to the Association is we no longer have a recorded lien on the delinquent member's real property. We should, IMO, continue to try to collect until the delinquent member pays, dies, or successfully files for a bankruptcy. With regard to suing delinquent members I believe this action should begin in the same time frame as when we file the lien, or at approximately 90 days. There is not even a small medical practice that does not have at least a part time staff person going after their In-paid accounts. Ocean Pines could easily utilize some of our membership staff who are not nearly as busy in the winter time to file these kinds of actions and appear in court on our behalf. Better yet, outsource it to a collection agency. In the long run there is no cost because all cost of collection falls to the delinquent member. RB, if this was your money and mine I can gaurentee that these dead beat members would never enjoy a meal without a telephone call from our staff or agent until they paid up, or, at the very least, made some arrangement to settle the debt. Marty |
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