Before an Association can turn a file over to a law firm for collection of delinquent assessments from an owner, Arizona law requires the following:
1) The Association must provide the owner a letter with thirty-day notice before transferring the file to a law firm;
2) The letter must state “Your account is delinquent. If you do not bring your account current or make arrangements that are approved by the association to bring your account current within thirty days after the date of this notice, your account will be turned over for further collection proceedings. Such collection proceedings could include bringing a foreclosure action against your property.” This must either be in bold or all capital letters.
3) This letter must also include contact information for the person that the unit owner may contact to discuss payment.
4) The letter must be mailed by certified mail, return receipt requested, and may be included within other correspondence sent to the unit owner regarding the unit owner’s delinquent account.
Once all of these steps are completed, a law firm can begin collection action on the owner.
If you have any questions on preparing this letter or would like a free sample of this letter, please contact Beth Mulcahy, Esq. at bmulcahy@mulcahylawfirm.com.
