An association in southeast Wisconsin consists of plots of land upon which the various unit owners can park a mobile home or trailer. Under the association documents, unit owners cannot be in the trailer more than 60 days between October and April or a $10,000 monthly fine will be assessed. A unit owner owed more than $13,000 in fines in addition to unpaid monthly assessments. When the unit owner continued to refuse to pay, the association started foreclosure on its lien. After negotiations, the unit owner entered into a payment plan and ultimately paid the association more than $25,000. This amount included the fines, monthly assessments, $2,900 of interest and all of the attorney fees and costs.
Lesson: Even large fines can be collected if done properly.
A collection attorney who specializes in condominium law can assist your association in developing an enforceable collection policy, including a fining schedule, to ensure your association can pursue all remedies allowed the association under the governing documents and state law. The Husch Blackwell Condominium & HOA Law Team has a proven collection strategy. Since 2012, our team has collected over $9 million in dollars and property.