Delinquent Wealthy Doctor… Why Can’t We Be More Aggressive?

Q: I am on the Board of a high-end HOA community in Naples. We do not have any delinquencies except for one property owned by a doctor who is rumored to be wealthy. There does not appear to be a reason why we cannot be aggressive with this owner, but our current lawyer is not able to solve the problem. Do you have a suggested approach here?

A: Your association almost certainly needs to enforce its lien rights, in addition to pursuing a money judgment against this owner for the delinquent assessments, interest, late fees and legal fees incurred. If the association obtains the appropriate judgment, not only can it take the property by lien foreclosure, but the association can force the owner to fill out a sworn statement listing all of his or her property, income and other assets. Once that information is discovered, the association can apply serious pressure by garnishing wages, bank accounts and perhaps seizing other assets such as vehicles or vessels by a process called levy. If your association is not considering these remedies against a wealthy owner, it needs to seek more aggressive representation.

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