QUESTIONS AND ANSWERS
If your question is not listed below, please feel free to contact one of our Trustee Sale Officers at United Trustee Services (UTS) who will assist you with your questions.
Q: What constitutes a delinquent account?
A: Most Homeowner Association (Association) assessments are due, in advance, on the first (1st) day of each assessment period and delinquent if not received, in full, by the Association within fifteen (15) days after the due date thereof. Special Assessments and Reimbursement Assessments are due on the date(s) specified upon imposition and each installment thereof shall be deemed delinquent if not received by the Association within fifteen (15) days after it is due. A late charge of ten dollars ($10) or ten percent (10%) of the delinquent assessment, whichever is greater, shall be due on any such delinquent assessment. The Association may also recover interest on all such amounts due and unpaid for thirty (30) days, at the rate of twelve percent (12%) per annum. See your Association’s Delinquent Assessment Collection Policy for further details and/or the Davis-Stirling Act, Civil Code 5705(a), 5715(a), 5720(a), 5720(b)-(c)(1), 5705(b)-(d), 5715(b), 5720(c)(2)-(3).
Q: Can my Association or Property Management Company Foreclose on my house?
A: Yes. Covenants Conditions & Restrictions (CC&Rs) provide Associations a method to enforce the payment of delinquent assessments through a process known as Non-Judicial Foreclosure, found in the Associations Delinquent Assessment Collection Policy. Consult your Association’s specific Covenants, Conditions and Restrictions (CC&Rs) and your California Civil Code and Statutes for additional information.
Q: Can I make payments towards my delinquent assessment debt?
A: Yes. Any and all payments made by the owner shall be applied to the oldest assessment first. (Civil Code §5655.) Most Associations require delinquent assessments to be paid in full. However, your Association may allow payment plans to recover your outstanding balance. Payment Plans are subject to Board approval and are administered through UTS with Monitoring Fees.
Q: What methods of payments are accepted?
A: UTS accepts payments in the form of Certified Funds (i.e.: Money Order, Cashier’s Check, Personal Check or ACH Payments). All payments must be made payable to United Trustee Services.
Q: Why is the balance due higher than what I calculate?
A: Once a delinquent account has been referred to UTS, additional fees, collection costs and interest will accrue and be added to your balance until the debt is paid in full.
Q: I just sent in a payment to the Association. Will this payment be accepted?
A: Yes. Once a collection account has been referred to UTS, payments made directly to the Association will be applied directly towards the homeowners oldest assessment (Civil Code §5655.). It is important that you immediately contact UTS to obtain the full balance of your assessment debt. Contact UTS Customer Service at 925-855-8554.
Q: Is the Association required to notify me prior to transferring my delinquent account to a collection company?
A: Associations are not required to send out billing statements, coupons, or courtesy notices to property owners, rather these types of notifications are merely a courtesy extended to the membership. However, it is recommended that written communication be sent to the owner prior to sending the account to collections.