Honesty, Loyalty & Integrity Come Standard

Assessment Collections

Introduction

Rapkin Gitlin & Beaumont provides its clients with a full-service, attorney supervised assessment collection department. The Firm understands that assessments are the "lifeblood" of community associations and, as a result, associations would not exist without owners" timely payment of assessments. With this understanding Rapkin Gitlin & Beaumont aggressively collects for its clients hundreds of thousands of dollars of delinquent assessments, late fees, interest, and collection costs each year.

Judicial Foreclosure: The Right Choice!

Rapkin Gitlin & Beaumont has over thirty years experience in collecting delinquent assessments for its community association clients. The Firm has been able to identify, and successfully utilize, the most effective method of collection-judicial foreclosure.

Judicial foreclosure requires the filing of a lawsuit in the Superior Court. The delinquent owner is then personally served with a copy of the Summons and Complaint. This is often an intimidating experience and, as a result, many cases resolve themselves at this early stage. After service of the lawsuit the delinquent owner often fails to contest the association's attempt to collect. In fact, over 98% of the Firm's assessment collection cases are uncontested. This means that the client more often than not obtains a judgment against the delinquent owner without even attending a court hearing!

The judgment consists of a judgment for foreclosure of the assessment lien and money damages. Judicial foreclosure, like no other method of assessment collection, provides associations with two avenues of recovery. First, the association may instruct the Sheriff to foreclose on the assessment lien and force the sale of the delinquent owner's residence, which is a viable option if the property contains a substantial amount of equity. Second, the association may instruct the Sheriff to levy on the delinquent owner's bank accounts and/or garnish the owner's wages, which is a viable option if the property contains little or no equity. This too is often dramatic and, as a result, delinquent owners frequently satisfy heir account fully and completely-100 cents on the dollar.

Successful Assessment Collections

Rapkin Gitlin & Beaumont understands the essential ingredients of successful assessment collections. It assures that its community association clients and its property managers comply with the Fair Debt Collection Practices Act. The Firm also assures that its clients have an effective written collection policy, that its clients strictly adhere to the policy, and that its clients diligently pursue their policies' specified procedures. Rapkin Gitlin & Beaumont will help its clients accomplish successful assessment collections.

Fiduciary Duty

Board members owe a fiduciary duty to collect assessments. In fact, community associations, by and through the individual directors, are required to levy regular and special assessments sufficient to perform their obligations under the governing documents and the Davis-Stirling Common Interest Development Act. (Civil Code Section 1366(a).) Failure to levy sufficient assessments, and collect same, will subject the association and individual Board members to liability. Rapkin Gitlin & Beaumont is an essential ingredient to a community association's fulfillment of its fiduciary duty to effectively, and successfully collect assessments.

Judicial Foreclosure, The Right Choice!