What is the process for collecting outstanding condo fees from delinquent owners?
In Kansas, the process for collecting outstanding condo fees from delinquent owners depends largely on the terms of the Condo Association. Generally, the Condo Association will refer to their governing documents, such as their Bylaws, Policies, and Regulations, to determine the proper collection procedure. The Condo Association may first attempt to contact the delinquent owner and ask for payment in full or an acceptable payment plan. In addition, they may assess late fees for any unpaid amounts. If the delinquent owner fails to respond, the Condo Association may send a warning letter notifying them of their delinquent dues and the consequences for non-payment. After these steps, the Condo Association may take legal action. This could include filing a suit to collect the amount in court or filing a lien against the delinquent owner’s unit. The Condo Association should be careful in this step as they may have to pay legal fees associated with the suit or lien. Finally, if the delinquent owner still has not remitted payment, the Condo Association may foreclose on the owner’s unit. This would involve hiring an attorney to evict the owner and sell the unit to recover the outstanding fees and possibly any late fees or legal costs. These steps can be very lengthy and expensive. To avoid this, Condo Associations should maintain an active collection process, staying in close contact with delinquent owners and ensuring their dues and fees are paid on time.
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