Dealing with Delinquent Owners Denying Access to Common Areas and Parking

 By and large, a board and management company can expect payment from residents  for monthly fees to be received on time and in full. These all-important funds  keep day-to-day operations moving forward without hiccups. There are  situations, however, that arise which can offset the balance sheet.  Circumstances run the gamut but in the end, monies that can’t be collected end up costing a whole lot more than the losses they represent.  

 “The most common excuse given is that the person simply can’t afford to make the payment whether it is true or not,” says attorney Ronald Steinvurzel, a member of the New Jersey Bar and principal  of the Steinvurzel Law Group, P.C., based in White Plains. “These people will ask for patience and will offer the excuse du jour which most  recently has been the economy.”  

 It is true that the economy has played a major role in not only late payments  but the ability for some people to make their payments at all. This is due, in  part, to high jobless rates. For example, according to the New Jersey  Department of Labor, the Garden State’s unemployment rate is 9.0 percent, as of February 2012, compared to a national  rate which is 8.3 percent.  

 “In many cases, boards and management companies hear excuses that the resident is  owed money or lost their job, as of late the economy is the excuse, and what a  great excuse because everyone knows it to be true but that does make the  situation any better,” says Steinvurzel.  

 The way in which a board determines how to handle collecting monies that are  past due is always different as respective bylaws dictate the course of action.  In most situations there is a grace period between five and 15 days after the  payment is due, which is usually the first of the month. “If it is deemed a temporary issue, then it is simply a matter of collecting the  money,” says Michael A. Esposito, CPA, audit partner at New York-based Kleiman & Weinshank, LLP., and a member of the New Jersey State Society of Certified  Public Accountants, “If it’s a chronic use, you have to then factor the losses into your budgeting.”  

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