Becker & Poliakoff

Acceptance and Application of Payments is ALWAYS the Right Answer

Acceptance and Application of Payments is ALWAYS the Right Answer

Assessment payments are the life blood of every community association, and the recovery of delinquent assessments is the primary goal for every community association. However, many associations, and their management companies, refuse to accept direct payment from delinquent owners once the account is turned over to their attorney for collection proceedings. Many associations place a “collections hold” on the account, which can prevent an owner from making payments through online portals and, in some instances, results in the association’s bank rejecting an owner’s automatic payments. Not only do these actions prevent the association from receiving much needed funds, they can also result in the association running afoul of Florida case law.