Condo and HOA Law by Donna DiMaggio Berger, Esq.: Time to Tighten Up Your Current Collection Policy: "Be aggressive with your foreclosure actions. This accomplishes several things: it sends a message to the rest of the paying members that you are doing something; it warns those who might be tempted to stop paying their assessments that you will do something, it allows the association (once it takes title) to either sell the property or lease it out short term to recoup some or all of the money owed and it allows the association to control who occupies the property and its condition."
I posted a link a while back to President Obama's request that banks not be so quick to foreclose. I received a comment to that post flagging this one, from Donna Berger's blog. She says to "be aggressive with your foreclosure actions."
I understand that associations need to collect delinquent assessments, or else the other owners end up paying for the ones who don't. But look--even CAI says to use foreclosure only as a last resort. Yet, within CAI there are always these lawyers and managers who tell their association clients something different, such as be aggressive; use foreclosure ASAP; use nonjudicial foreclosure if possible; and so forth.
So--which of these two approaches is the "real" CAI? The statements that emanate from CAI national, or the advice CAI members give their client associations?