By: Elena Grace Flores
Homeowners’ Association Dues are not easy to collect if there’s no disciplinary actions in place. People have different mentalities and attitudes thus needing a stronger management authority. This will not be possible if the officers of the association have no financial capabilities or know-how in imposing penalties. Here’s a sample for such notice for delinquent payers:
NOTICE OF DISCIPLINARY PROCEEDINGS FOR DELINQUENT PAYERS
Regretting to inform you that despite our treasurer’s efforts in reminding you to pay your Association monthly dues on time and the submission of previous collection letter, you remained to be a DELINQUENT payer in our village all this time. TAKE NOTICE that according to our records the sum of ______________ is overdue for payment from ___________ to ___________ at ____ Pesos only per month. Unless payment is made to the above claim within seven days, DISCPLINARY actions to recover the debts will be taken against you without further notice. The following legal procedure will follow:
- Publishing of Names for DELINQUENT PAYERS online via our web page will take effect immediately when this notice is ignored after the 7th day from date of notice
- Posting of Names for DELINQUENT PAYERS will be displayed at the village’s entrance one month after the web listing
- Issuance of Final Demand Letter for the amount owed, interest and mall Claims Fee
- Small Claims Court Proceedings will be filed in the Justice Department, Municipal Hall before the next Fiscal Year (this will affect your credit rating when ignored)
Please note that cleanliness, security and orderliness are our main objectives in requiring homeowners to pay their dues promptly – and it is necessary to take these actions as lawfully as possible to be fair to those who do!
You may submit a “Promissory Note” if financial difficulties are hindering you from fulfilling your obligations to our community.
The above proceedings are necessary to be fair to those who comply with the HOA’s policies. If the concerned delinquent payer play it hard in the end, it’s his or her reputation that is on the line. Aside from lowering down his or her credit rating, this can be a proof that he or she is an undesirable neighbor that can be a ground for general petition for eviction – at the same time, these steps are not only legally binding but also very considerate to those who have temporary financial difficulties. This is how the association can be strict for the welfare of the community but with compassion to those who need it!