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All Posts By K. Joy Mattingly

The Three Key Elements of Properly Noticing a Special Assessment Meeting

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Special assessments are becoming more and more common in community associations. As the frequency of special assessments increases, so does the possibility of delinquencies in payment of the special assessments. A crucial element of collection of a delinquent special assessment …

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The Owner’s Account Is Already in Collections – Why Do I Have to Send a New Notice of Late Assessment for a New Special Assessment?

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Community associations have become very familiar with the statutory requirement that a 30 day Notice of Late Assessment must be sent to an owner prior to turning the account over to an attorney for collections. However, confusion over the need …

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Strict Compliance vs. Substantial Compliance – Not Knowing the Difference Can Cost You!

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The Florida statues governing community associations often provide timeframes for notice to owners before the association can proceed with action, including passage of special assessments, adoption of fines and collections. While some statutory sections allow for “substantial compliance” with the …

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Understanding the New Timeframes for Collections

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Associations frequently ask the question: “When should a delinquent owner be turned over for collections?” To fully answer to this question, the association must understand the relatively new statutory requirements that must be fulfilled before an account is turned over …

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Acceptance and Application of Payments is ALWAYS the Right Answer

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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 …

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Assessing Collections with Joy Mattingly, Becker & Poliakoff

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In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with Becker Shareholder Joy Mattingly, who oversees Becker’s collection and foreclosure practice. Joy is an experienced litigator who represents all types …

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A Guide to Sending the New Notice of Late Assessment

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As of July 1, 2021, associations are required to send delinquent owners a Notice of Late Assessments, giving the owners 30 days to bring the account current prior to turning the account over to the association’s legal counsel for collections. …

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To Record or Not Record? That Is The Question!

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Community association boards often ask the question of whether they must record a claim of lien on a property in order to protect the association’s right to recover past due assessments on the property. Although the answer to this question …

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