The Axela Blog

Legal Matters
Six ways HERO

6 Unexpected Ways an HOA Recovers Delinquent assessments.

By Guest Poster / 2 March, 2023

Money judgments are not an effective way for an HOA to collect delinquencies. It’s often more effective for an HOA to work with delinquent homeowners to find a mutually beneficial resolution. This may involve setting up a payment plan or finding alternative ways to resolve the delinquency.

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Why Money Judgments Don't Work for Assessment Collections

Why Money Judgments Don’t Work for Assessment

By Mitch Drimmer / 13 February, 2023

Money judgments are not an effective way for an HOA to collect delinquencies. It’s often more effective for an HOA to work with delinquent homeowners to find a mutually beneficial resolution. This may involve setting up a payment plan or finding alternative ways to resolve the delinquency.

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Collections 101 Statue

Collections 101: The statute of limitations and community association assessments

By Mitch Drimmer / 9 January, 2023

The length of time allowed under a statute of limitations varies depending upon the jurisdiction it is being disputed. So, where the statute of limitations in your state may be six years, it could be four years in another state.

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hero Fraud in your HOA

Fraud In Your HOA: What to Watch Out For

By Mitch Drimmer / 12 December, 2022

In November 2022, Hammocks Homeowners Association, a large master community in Miami-Dade County noticed that their annual dues increased by 400%. Instead of paying, the owners filed a lawsuit. Investigators found that current and past members of the Board of Directors used the HOA as a front for criminal activity.

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The Truth About Foreclosure

The Truth About HOA Bank Foreclosure

By Mitch Drimmer / 11 November, 2022

If you believe you will get everything your community association is owed after foreclosure, you have been misled. Get the real truth about HOA Bank Foreclosure here.

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3 Court Cases That Shaped Condo Debt Collection

3 Court Cases That Shaped the Way Your Association Pursues Condo Debt Collection

By Mitch Drimmer / 19 August, 2022

Condominium associations are subject to a wide variety of laws and doctrines. When it comes to condo debt collection, it can help to know the cases that put those restrictions in place. Here are three of the big ones.

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FDCPA Regulation F

New FDCPA Regulation F: How It Impacts Your Condo/HOA

By Mitch Drimmer / 17 March, 2022

The new FDCPA Regulation F cements a new set of prohibited collection practices tooled for the modern era. Here’s what HOAs and condo associations need to know.

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condo legislation in FL

Does New ‘Surfside’ Condo Legislation in FL Go Far Enough?

By Mitch Drimmer / 28 February, 2022

On the heels of the tragedy in Miami, new condo legislation in FL is being proposed to avoid future destruction. This can and will mean big changes for your condo association.

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Delayed Collections For HOAs

Florida Statute Could Strike Down Delayed Collections For HOAs Post-Foreclosure

By Mike Jenner / 1 February, 2022

A Florida statute impacted a bank’s ability to obtain a deficiency judgment after a foreclosure sale. Could this statute and others like it impact delayed collections for HOAs across the country?

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Axela uncomplicates HOA and condo association collections laws

Easily Comply with Changing State Association Collections Laws Using Axela Technologies

By Bob Gourley / 2 September, 2021

State community association collections laws are complicated, varied, and seem to be constantly changing. If you’re not in compliance, you could be opening yourself up to liability issues!

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Do homestead exemptions affect a community association's ability to collect?

Homesteading and the Homestead Exemption: 3 Things to Know for Your HOA

By Mitch Drimmer / 25 August, 2021

What is a homestead exemption? Can a community association collect on a property that has one? Is homesteading related? We’re breaking down everything your community needs to know about a homestead exemption.

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Don't Get Sued Get AXELA

Don’t Get Sued, Get Axela!

By Bob Gourley / 16 July, 2021

Is your community association indemnified from legal action resulting from collection activities? If not, new legislation could put you in danger of being sued. Want to get paid without risking it all? It’s time to get Axela.

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Courts smackdown shady lending practices

Oregon Supreme Court Smacks Down Lending Practices That Hurt Community Associations

By Bob Gourley / 20 May, 2021

Even with priority liens, banks and lenders continue to expect community associations to pick up their slack, and then use the courts to excuse their dirty lending practices and throw HOAs under the bus.

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Unethical collection practices

HOA and Condo Statutes Can’t Be Changed Just Because You Don’t Like Them! Why Would a Law Firm Do That?

By Mitch Drimmer / 7 April, 2021

Unethical collection practices are often conducted right under your nose, under the guise of good legal practice. It’s the community association that pays the price. Take a recent example of an association in Florida…

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HOA Foreclosures National Shame

Condo and HOA Lien Foreclosures…A National Shame

By Mitch Drimmer / 4 February, 2021

For too long, community associations have been a national disgrace, rather than a source of national pride. If we want the bad press over lien foreclosures to stop, we need to make a change.

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California Foreclosure Crisis

California Foreclosure Crisis 2020

By Mitch Drimmer / 1 September, 2020

California community associations will be facing a foreclosure crisis if a new bill preventing collections-based foreclosures passes.

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Fair Debt Collection Laws

What You Need to Know About Fair Debt Collections Laws to Protect Your HOA

By Mitch Drimmer / 9 July, 2020

Debt collection done wrong can be expensive for your condo or HOA. Avoid mistakes by following Fair Debt Collections laws.

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Community association assessment collections vs consumer debt

Is HOA & Condo Debt ‘Consumer Debt’?

By Mitch Drimmer / 22 April, 2020

Are delinquent assessments treated the same as consumer debt like credit cards when it comes to the law?

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New laws make foreclosure obsolete

Association Foreclosures Are Obsolete

By Mitch Drimmer / 8 January, 2020

The times, they are a changing and with these new laws, association foreclosures may become a thing of the past.

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The FHA has changed the rules for condos

By Mitch Drimmer / 12 September, 2019

The FHA has made it easier than ever for Condo Associations to get approved…

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Alternative to Foreclosure

HOA Collections… A Better Alternative To Foreclosure

By Mitch Drimmer / 27 June, 2019

Foreclosure costs the community association more than you are likely to recover. Try this an alternative where everyone wins…

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Old Dogs, Old Tricks: Once Again Banks are Abusing Homeowner Associations

By Mitch Drimmer / 27 November, 2018

Banks delaying foreclosure on delinquent mortgages hurts community associations more than it hurts the banks.

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are lawyers the wrong call

Condo & HOA Collections: Why Lawyers Are Not The Solution.

By Mitch Drimmer / 15 January, 2018

Lawyers are great for collections if you want to foreclose, but how do you plan to actually recover those lost funds?

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