COVID-19 Kessler Law Update

Open Letter to Our Community Association Clients

Posted April 5, 2020Adam S. Kessler, Esq.Publications

To our Community Association Clients:

As we all confront the health and business challenges resulting from the Coronavirus, please know that we are here to help. 

Some of you have already started to reach out to our team to prepare for an inevitable consequence of the current pandemic, collection of delinquent assessments from unit owners. 

We have established contingency fee arrangements with our community association clients (i.e. legal fee based upon percentage of amounts collected from delinquent unit owners).  The Governing Documents of community associations generally contain provisions regarding payment of such legal fees by delinquent unit owners and it may be possible to hold delinquent unit owners responsible for same in the collection process.  If your Governing Documents do not contain such a fee shifting provision, we can review the process to amend the Governing Documents so that delinquent unit owners are held responsible for legal fees incurred in the collection process.

In 2008 and the years after the financial crisis we helped many community associations collect delinquent common expense assessments from unit owners and restored the balance sheets of many community associations to a place of financial stability.

Our firm is often brought in as special counsel in collection matters.  We understand that collection of maintenance assessments is critical to a successful community association and we work closely with boards, management companies, Constables and Sheriff’s Officers to aggressively pursue enforcement of judgments through bank levies, wage executions, appointment of rent receivers for units rented by delinquent owners and foreclosure of assessment liens. 

On behalf of the entire Kessler Law team, please know that our thoughts and prayers are with you and your families, hoping that you are healthy and safe. 

If there is any additional information that may be helpful or anything we can do for your community association, please do not hesitate to contact us.

          

                                                            Very truly yours,

                                                            The Members of Kessler Law,

                                                            Adam S. Kessler, Esq.

                                                            Michelle Conroy, Esq.

                                                            David Kessler, Esq.

 

Website:  https://www.kesslerlaw.com/practices/community-associations/

 

Our Members can be reached, as follows:

Adam Kessler:  akessler@kesslerlaw.com; Direct Line:  (973) 510-2908

Michelle Conroy:  mconroy@kesslerlaw.com; Direct Line:  (973) 510-2910

David Kessler:  dkessler@kesslerlaw.com; Direct Line:  (973) 510-2912