Many associations have inquired whether they can take any collections action during this pandemic. Neither Federal or Washington or Oregon State laws, prohibit an association from sending delinquency notice letters, recording liens, or filing lawsuits.
As you may be aware, Washington originally issued Governor’s Proclamation 20-51 on April 17, 2020 and has extended it several times, most recently on December 8, 2020. Washington Governor’s Proclamation 20-51 currently prohibits an association from assessing late fees or interest on delinquent accounts. Originally, the Proclamation also prohibited assessing fines for violations of the governing documents, but this restriction was lifted and, as of August 2, 2020, Washington associations could resume levying fines for violations of the Association’s governing documents. Additionally, the Washington Governor’s Proclamation prohibiting garnishments has been lifted.
Oregon’s Governor has not adopted a proclamation similar to Washington’s, so associations in Oregon can assess late fees and interest on delinquent accounts, as well as levy fines. Furthermore, the Governor’s Proclamation prohibiting lenders from proceeding with foreclosure does not apply to community associations, which means that Oregon associations can proceed with a lawsuit to foreclose its lien for unpaid assessments. At this time, Washington and Oregon associations have many collection tools at their disposal, but Washington associations cannot levy late fees and interest on delinquent accounts.
No one knows exactly how long we will be dealing with COVID-19 or the economic impact it will continue to have on our communities; however, we do know that associations need to collect assessments to pay its common expenses. If you would like to discuss collection options for your association, please do not hesitate to contact our collections department. Barker Martin would appreciate the opportunity to create a tailored collections program for your association!
Many associations have inquired whether they can take any collections action during this pandemic. Neither Federal or Washington or Oregon State laws, prohibit an association from sending delinquency notice letters, recording liens, or filing lawsuits. read more
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Hey everyone, as we slide into these last few weeks of 2020, there are few things that we will miss about this year. But as bad as it has been, we were very lucky to have so many of you as clients and others as community manager partners in our joint representation of community associations. So first, we wanted to say a big thanks from all of us at Barker Martin for making our 2020 quite positive in that respect. And for keeping us busy! And speaking of busy, we are so excited to announce that Samantha Brown has joined our general counsel group! read more
Washington Chapter of CAI is holding its annual CA Day on November 7, 2020. Like so many events this year, CA Day will be a virtual event! So, sleep in a little, put on something comfortable, and come learn from the comfort of your own home! The event runs from 8:30 a.m. to 3:15 p.m. with multiple different classes offered throughout the day on a wide range of topics. read more
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