The majority of mandatory property owners associations in Texas require their members to pay the association an assessment at least annually. In addition, various property owners associations also have the authority to levy special assessments to pay for certain types of expenses such as capital improvements. Generally, a lien attaches to each members property to secure the payment of both regular and special assessments. Failure to pay assessments often gives a property owners association the right to foreclose an owners property after proper notices are given to the owner. Like restrictive covenant enforcement, assessment collections is one of the more important functions of a property owners association. The Crist Law Firm works with property owners associations to tailor assessment collection activities to each association’s particular needs based on the status of existing delinquencies. Services are provided in the following general areas:
INITIAL DEMAND LETTER
Receipt and review of file
Property ownership verification
Bankruptcy research
Consultation with property manager/association
Preparation of Affidavit of Non-Satisfaction for filing
Prepare initial demand letter and forward to owner
PREPARATION AND FILING OF LAWSUIT (IF NEC.)
Preparation of Original Petition and Discovery
Service of Pleadings
Consultation with property manager/association
LAWSUIT DEFAULT JUDGEMENT (IF NECESSARY)
Property ownership research and verification
Obtain updated account balance
Preparation of Judgment, affidavit of manager/custodian
Appearance in Court
Notice to owner of judgment
FORECLOSURE STAGE (IF NECESSARY)
Verification of mortgage status
Preparation of Foreclosure Filings / 21 day Notice
Conduct of sale and preparation of deed
Consultation with property manager/association
Lien/Release of Lien Drafting
Drafting Payment Plan Policies / Agreements
Processing of Payment Plan Payments
Bankruptcy Representation