A recent court decision on an assessment collection case has made it clear that associations must be careful to enter their Declaration and Covenants into the record in any lawsuit to collect unpaid assessments.  

In this case, the association was awarded a judgment for the unpaid assessments, but not the attorney’s fees. This is because the association did not allege sufficiently that there was any legal provision for the recovery of attorney’s fees. Your collection attorney should review your governing documents for this provision and recommend an amendment if it is absent. The Declaration and the specific language that provides for recovery of attorney’s fees and costs in a collection matter should also be entered as evidence in court.

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