Common Sense Collections

Homeowners' associations (HOA) face a delicate financial situation. The typical HOA creates its budget expecting that all owners will pay their allotted assessment.  When an owner fails to pay, it creates financial hardship for the HOA and puts an extra burden on the paying owners. The HOA is then faced with the following difficult decision: 'Should we spend money that is needed elsewhere on an attorney to collect from the deadbeat owner?  In response to this concern, Richards, Kimble & Winn has developed the Common Sense Collections program.

Under the Common Sense Collections program and when authorized by the governing documents, we collect our attorney fees from the delinquent owner along with your assessments.* The only up-front expenses to the HOA are the costs of collection (e.g., court filing fees, process server fees, etc.). Through the Common Sense Collections program, the HOA has access to an attorney to collect past due assessments at minimal cost to the HOA.

Richards, Kimble & Winn understands that time is of the essence when attempting to collect assessments on delinquent accounts.  We use the following procedures** to expedite the collection process:

Send 30-Day Demand LetterFile Lien(If a tenant resides in the property) Send Demand for Rents(If HOA pays utilities) Send Notice of Utility Shut-Off File Lawsuit Obtain Judgment Enforce Judgment by Garnishment or Auction of Debtor's Property

While we do not guarantee a specific timeframe for collections, the typical uncontested collection matter, from 30-day demand to filing for judgment, takes about 60 days.

In addition to Common Sense Collections, we offer personalized password protected on-line collection status reports to our clients. For a slight fee, you will have access 24 hours a day, 7 days a week to an on-line status report showing all the latest developments with your collection accounts.

Richards, Kimble & Winn is ready to help you collect unpaid assessments from your owners, please contact us via email at info@utahhoaattorney.com or toll-free at (866) 974-6800.

* Some restrictions apply; contact Richards, Kimble & Winn for details.

**Some procedures are not available unless specifically authorized in the association's governing documents