ASSESSMENT COLLECTION

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 NECESSARY)

  • 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

CRIST LAW FIRM, PLLC

Conroy Square
3355 Cherry Ridge, Suite 218
San Antonio, Texas 78230

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