Condo Associations Get Tough on Fees

Law Blog » Collections

The increasingly large, grassroots push for community association rights to delinquent fees is beginning to receive national attention. The May 25, 2011 edition of the Wall Street Journal features a story entitled “Condo Associations Get Tough on Fees.” The story features communities in Nevada and Florida that have taken proactive steps to collect delinquent fees as a result of new legislation in both states. According to the Wall Street Journal:

Condo associations, which have been struggling as troubled homeowners stop paying their condo assessments, are becoming increasingly aggressive about finding ways to recoup unpaid fees. And they have lawmakers on their side.

Closer to home, we are optimistic that Ohio lawmakers will similarly respond as a result of increased national attention and greater pressure from community association constituents. Legislators are still being sought to reintroduce the updated Ohio Community Association Preservation Act (formerly called the “Super Lien”).

In the meantime, Ohio community association continue to be aggressive in pursuing delinquencies by filing liens, foreclosing on properties, and requesting that a Court appoint a receiver to collect rent from a delinquent owner’s tenant. By following this strategy, Kaman & Cusimano clients have recovered over $3,972,802 over the last twelve months for Ohio condominium and homeowner associations.

To view the complete Wall Street Journal report, please visit:http://online.wsj.com/article_email/SB10001424052748704281504576327693591415736-lMyQjAxMTAxMDIwNTEyNDUyWj.html#articleTabs%3Darticle