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FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

  • Posted: Jun 22, 2020
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FORECLOSURES AND WHY OUR CONDOS AND HOAs MAY BE IN TROUBLE

By Eric Glazer, Esq.

So here is what you need to know in a nutshell:

  1. Mortgage defaults are soaring.  In fact, homeowners stopped paying mortgages in record numbers in April.  It was the largest one month increase ever recorded.
  2. Under Florida law, that spells financial disaster for our condos and HOAs.

Keep this in mind as you read this.  Florida law protects the banks.  When a bank forecloses on a condo unit or a home, several things normally happen:

  1. The owner is also not paying the condo or HOA assessments;
  2. The bank foreclosure takes many months and even years;
  3. Even when the bank finally finishes their foreclosure and owns the home or unit, they owe the condo or HOA very little and the association just lost a lot of money.

So why does Florida law allow the condos and HOAs to get slaughtered?  Under Florida law, if the bank winds up owning the home or unit — even if the association has not been paid in years – the bank only owes the association the lesser of one year of assessments or 1% of the mortgage debt.  In sum, it is usually a fraction of what is owed to the association.

 

So why is the law written this way?  Clearly to protect the banks.  The theory is….. if we pass a law and make banks responsible for payment to the association for all of the unpaid dues of the owner they just foreclosed on, banks simply will not lend money to people who want to buy in a condo or HOA.  Maybe that’s true.

If however such a law did exist, all it would mean that banks would have to protect themselves a little more.  They already protect themselves when it comes to real estate taxes.  You know how they make you escrow a year of real estate taxes in advance?  That’s done because real estate taxes have a greater priority than mortgages do.  If the taxes don’t get paid, the county can wipe out the mortgage and the bank would be owned nothing.  So in response, the bank makes you pay the real estate taxes in advance so they’re covered.

Condo and HOA assessments can be treated the same way by the banks if it were necessary but, as you can see, the politicians make sure they the money owed to the county is given SUPER PRIORITY over all other obligations on the property.  Taxes are first in line.  Their money is guaranteed. To the contrary, they don’t care about the money owed to the associations.  I the law were changed, the bank can easily make a borrower escrow a year of assessments if they want to buy that condo or home  so just in case all goes bad, the association is covered. Maybe they can charge an extra quarter of a point in interest as well.  At least  people on fixed incomes won’t have to cover the delinquencies of their neighbors.

So now you know why you get the short end of the stick when foreclosures increase and the economy tanks.  Next week we will tell you what to do about it.

Suffice to say……..there may be a rough road ahead.

 

 

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Is This A Better Way to Conduct Board Meetings? | Axela Technologies

Is This A Better Way to Conduct Board Meetings? | Axela Technologies

  • Posted: Jun 04, 2020
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Is This A Better Way to Conduct Board Meetings? | Axela Technologies

This Pandemic has been a horrific human tragedy, and by no means can there ever be a silver lining. At best, we’ve learned some lessons, and new ways of doing business have been established as viable.

One of these things that we have learned is how we can improve community association board of director meetings.

 

Some Lessons Learned from the Pandemic

Companies have learned that remote working does not degrade productivity and perhaps even improves it. I would expect that in the future that “hot bunking” work stations in offices will allow companies to hire more people without having to expand to a larger space.

From a community association perspective, the greatest thing that has been discovered is the unbelievable success of video conference meetings.

 

Problems With Traditional Board Meetings

I have been to my share of community association meetings and usually, there are two problems:

  1. The membership usually fails to understand that a board meeting is NOT their meeting. Membership meetings are one thing but board meetings are another.

    The membership is positioned as observers who may articulate their issues in an open forum at the beginning or end of the meetings.  Board meetings may allow for an open forum but seldom do members sit and wait their turn.  Instead, it is often the case that they interrupt their elected directors from conducting meetings. This takes people off subject and often leads to confrontations.

  2. Many meetings are scheduled at inconvenient times so that members cannot attend, and that is a very bad practice. Sometimes these meetings are scheduled by design to minimize attendance, and sometimes they are held during work hours when people simply cannot attend.

 

Digital Board Meetings Are Just Better

Video conference meetings allow all members of the association an opportunity to see their community association board of directors as work.

It has been quite an eye-opener. More than that, it has been a brilliant experience for me to see how an unruly gathering can be changed into an orderly business meeting.

If I had my choice this would be the only way to perform board meetings going forward.

One Potential Drawback

The only drawback is that there are people who don’t have the technical skill or equipment to be able to participate in such a meeting.

My dear 92-year-old mother would love to have a computer but I won’t get her one until she figures out the remote control. I’ve done everything I can to help her learn, but mastery eludes her.

Getting people with limited technology experience to be able to attend will be the challenge if meetings go completely digital.

I invite suggestions.

 

Digital Meetings Are Better for Everyone

Regarding the first problem of unruly and disruptive meetings, a video conference has the best feature and it’s called a mute button. (My wife has been trying to get one for my big mouth for years, but I digress.)

In the past three months and countless meetings, I have never experienced such orderly, productive meetings, and considering these difficult times it has been a Godsend.

  • The board gets to conduct their meetings without being interrupted by members who come with personal agendas and the agenda is adhered to.
  • The members can be heard loud and clear during the open forum portion of the meeting, so they are not ignored or interrupted.
  • The administrator can record the meeting for prosperity, and minutes can then be properly composed.

It’s a perfect way to conduct board meetings and produce very effective results. This Pandemic has been tragic, but this is one small lesson or process that we can now say was an unintended benefit of a very unfortunate situation.

 

 

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Why Does Bad Debt Happen In Community Associations? by Mitchell Drimmer of Axela

Why Does Bad Debt Happen In Community Associations? by Mitchell Drimmer of Axela

  • Posted: May 21, 2020
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Why Does Bad Debt Happen In Community Associations?

by Mitchell Drimmer of Axela

 

In your Condo or HOA you are going to have delinquencies every month in good times and bad times. These are bad times and the delinquency rate is only going to increase to levels where hard choices by the board of directors need to be made, If Action is not taken!

What is an Average Delinquency Rate?

In normal times CAI (Community Association Institute) estimates that delinquencies fall between 5%-8% but these are not normal times. With the ravages of Covid-19 and the ensuing economic downturn, we can expect delinquency rates to go as high as 35% in some community associations.

What Happens to a Community with High Delinquencies?

It is no secret that the lion’s share of the revenue for community associations comes from the assessments that are paid for by the members of the Condo or HOA. So any cash shortfall is going to place a burden on the entire community. Employees need their salaries, vendors want to get paid, supplies need to be purchased, it costs money to keep a Condo or HOA property running.

So what is to be done if the community has more bills to pay then money in the bank because the owners did not pay their assessments? Hard choices need to be made and attitudes must be adjusted. It all starts from the top and boards of directors of community associations must come to the realization that they have been elected to manage a business. Just like any business there are the leaders of the association and understand that everybody needs to do their part each month to keep the lights on.

Homeowners Should Prioritize Payment of Community Assessments

Another attitude adjustment must come from the owners. Some members of Condos and HOAs sometimes feel that their least important financial obligation is to the community which houses them. While it may be true that units are purchased, an important part of the covenant the association has with the members is that they will pay for the maintenance of the association. So even when hard times come, and for sure they are here, the members need to continue to pay their fair share.

It is all too common that the HOA maintenance bill is at the bottom of a member’s pile of bills and it’s the last one to be paid. If by the time the member gets to that particular bill, there’s not enough money to cover the payment, it may not get paid at all. Other bills get paid first like credit cards, car loans, utilities, and such.

Yet your most important bill might very well be the community association assessments. The neighborhood that you live in needs to keep the streets safe, services like garbage collection kept up, and the facilities running, not to mention life-safety issues like fire alarms and security.

Boards of Directors Have a Fiduciary Duty to the Welfare of the ENTIRE Community

Members of HOAs and Condos live among the elected leadership of the community and have the ability to watch as the board governs the association. This familiarity may be the cause for some owners to consider their obligations to the community less compelling than a utility bill. One does not expect a neighbor to send another neighbor into collections.

This should never be the case because by not sending in a delinquent owner into collections a board of directors is NOT being good neighbors. They are enabling the delinquency, which will snowball into a larger cost that may not be recoverable. Then the association has to take more serious actions and foreclose on a property and put a family out of their home.

Bad debt happens to associations who will not communicate to an owner that non-payment is not an option and owners who do not understand that this is a bill that needs to be paid.

 

 

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As Stimulus Funds Dry Up, Private Sector Firm Provides Funding to Community Associations by Axela Technologies

As Stimulus Funds Dry Up, Private Sector Firm Provides Funding to Community Associations by Axela Technologies

  • Posted: May 08, 2020
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As Stimulus Funds Dry Up, Private Sector Firm Provides Funding to Community Associations by Axela Technologies

Axela Technologies’ HAAP program allows community associations to tap into a non-recourse funding option to receive a much-needed cash injection.

 

Axela Technologies, the leading provider of collection solutions for community associations, has announced a funding program that will provide a financial lifeline at a time when HOAs and condos need it most. The funding is available nationwide, effective immediately.

“We realize that times are tough, and they are going to get more difficult for community associations,” said Martin Urruela, Axela’s CEO. “Community associations have received little help from the federal or state governments and are suffering due to the unforeseen hardships placed on their owners, so we’re stepping up to help.”

HAAP, short for Homeowner Assessment Assurance Program, advances a portion of a community’s receivables in the form of an immediate cash injection. It is not a loan; it is non-recourse, interest-free, and does not require the association to sign a note or a security interest. Axela is repaid with funds recovered through their collection of delinquent accounts.

“Besides being not-for-profit entities, associations are a zero-sum business and rely on owners’ assessments to pay their bills,” continues Urruela. “As a collection firm, we know that most, if not all assessments will be recovered at some point, but we don’t know when. Associations often don’t have the luxury to wait, but we do, so we’re providing the funds up front to help them meet their day-to-day financial requirements.”

Until now, Axela’s HAAP program has been available exclusively in Florida. Prior to the pandemic, approximately 10 percent of the company’s Florida clients had applied for an advance but that number has steadily increased in recent weeks. The spike in demand is what prompted the company to open the program to other states.

“While HAAP is innovative and most certainly helpful, the way it works is simple,” adds Urruela. “Instead of funding clients after we collect their money, we’re funding them up front. If for whatever reason, we are unsuccessful in collecting, we lose. The advance is non-recourse, so the association will never be on the hook for amounts that we advance them.”

Axela’s clients who have taken advantage of HAAP have praised the program.

“One of our associations had their insurance renewal coming up, but didn’t have the money,” said Fabio Setton, owner of PMI Top Florida Properties, a management company based in Aventura, FL. “Axela stepped up and advanced the funds within days of our request, which saved the association from having to pass a special assessment or risk losing insurance coverage.”

Taylor Pena of Marquis Association Management stated, “Axela has been providing funding for our community for nearly two years, allowing us to replicate a perfect cash flow scenario, despite the fact that several owners were not making timely payments.”

The application process requires community associations to submit a roster of units that would be placed into collections with Axela. The underwriting process is fully automated, and associations can be approved and funded within 72 hours. More information on the program is available at www.axela-tech.com/haap

 

ABOUT AXELA TECHNOLOGIES

Axela Technologies is a collections firm specialized in recovering delinquent assessments for community associations. Axela reduces the cost of outreach and engagement by automating much of the standardized collections process while providing exceptional customer service and a centralized platform for all stakeholders to promote transparency and efficiency.

To learn more about Axela Technologies, visit www.axela-tech.com

Members of The State of Florida Property Management Association (SFPMA.Org)

 

 

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After the Pandemic: How Community Associations Can Recover in the New Economy. by Mitchell Drimmer of Axela

After the Pandemic: How Community Associations Can Recover in the New Economy. by Mitchell Drimmer of Axela

  • Posted: Apr 28, 2020
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After the Pandemic: How Community Associations Can Recover in the New Economy.

by Mitchell Drimmer of Axela Technologies

 

Is Your Condo or HOA Prepared?

Download : How Community Associations Can Recover in the New Economy

With a pandemic crippling the global economy, community associations must prepare for the effects this will have on the housing market.

We must face the grim reality that the ripple effects of the coronavirus may cripple our economy for years to come, long after the virus itself has been contained, as people lose their incomes and families struggle to make ends meet.

Community associations are already beginning to feel the effects of the recession with homeowners in financial crisis opting not to pay association fees, and this trend looks like it will get worse before it gets better. And with foreclosures on temporary deferment during the shutdown, the typical methods communities use to collect are unavailable.

But there is hope for communities to navigate this new recession economy. Community associations are one of the few industries that can successfully weather economic depression. You just need to know what tools to leverage to keep the budget healthy.

The American consumer will be making choices: “Should I pay my Visa or Mastercard bill or my community association fees?”

This whitepaper explores the options that are available to community associations and reveals what actions you can take to not just protect your community, but to thrive in the new recession economy we are facing.

 

 

HOW THE FUTURE COLLECTS

Axela Technologies is dedicated to helping create streamlined accounts receivable and collections for management companies, condo associations and homeowners associations.

Our proven collection methods help community associations realize higher returns and lower delinquency ratings at virtually no risk to the organization.

Axela is fully compliant with Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA).

 

Get a Free Consultation with a
Collections Expert

Need a Better Cash Flow for Your Condo or HOA?

Your Collections process may be what’s holding your budget back. Let us help with this free analysis of your collections process.

Call Us
305-392-0389

 

 

 

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Community associations are already beginning to feel the effects of the recession with homeowners in financial crisis opting not to pay association fees?

Community associations are already beginning to feel the effects of the recession with homeowners in financial crisis opting not to pay association fees?

With everyone sheltering in place, the Coronavirus pandemic has already pushed the country into a recession. Economists don’t know how long it will take to recover, but we know it will take a lot of hard work to get back to ‘business as usual’.
Community associations are already beginning to feel the effects of the recession with homeowners in financial crisis opting not to pay association fees, and this trend looks like it will get worse before it gets better. And with foreclosures on temporary deferment during the shutdown, the typical methods communities use to collect are unavailable.
But there is hope for communities to navigate this new recession economy. Community associations are one of the few industries that can successfully weather economic depression. You just need to know what tools to leverage to keep the budget healthy.

The new white paper, After the Pandemic, explores the options that are available to community associations and reveals what actions you can take to not just protect your community, but to thrive in the new recession economy we are facing.

 

 

Download the White paper, “After the Pandemic: How Community Associations Can Recover in the New Economy” today!

 

Axela’s platform can easily review your delinquency issues and provide a customized collections plan.

We recover funds utilizing information acquired from your association, third-party data aggregators, and credit reporting agencies.

Our highly trained and accredited in-house collectors will work respectfully with your association members to resolve delinquencies as quickly as possible.

 

Call Us
305-392-0389

Sales & General Inquiries
admin@axela-tech.com

 

 

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Is Your Condo or HOA Prepared? How Community Associations Can Recover in the New Economy

Is Your Condo or HOA Prepared? How Community Associations Can Recover in the New Economy

  • Posted: Apr 17, 2020
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Is Your Condo or HOA Prepared? How Community Associations Can Recover in the New Economy

by Axela Technologies, Inc
305-392-0389 • www.axela-tech.com
1401 Brickell Ave., Suite 320
Miami, FL 33131

 

With everyone sheltering in place, the Coronavirus pandemic has already pushed the country into a recession. Economists don’t know how long it will take to recover, but we know it will take a lot of hard work to get back to ‘business as usual’.

Community associations are already beginning to feel the effects of the recession with homeowners in financial crisis opting not to pay association fees, and this trend looks like it will get worse before it gets better. And with foreclosures on temporary deferment during the shutdown, the typical methods communities use to collect are unavailable.
But there is hope for communities to navigate this new recession economy. Community associations are one of the few industries that can successfully weather economic depression. You just need to know what tools to leverage to keep the budget healthy.

The new white paper, After the Pandemic, explores the options that are available to community associations and reveals what actions you can take to not just protect your community, but to thrive in the new recession economy we are facing.

 

Download the White paper, “After the Pandemic: How Community Associations Can Recover in the New Economy” today!

 

 

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Association Foreclosures Are Obsolete

Association Foreclosures Are Obsolete

  • Posted: Jan 10, 2020
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Association Foreclosures Are Obsolete

The Foreclosure Process and How HOAs Recover Money

In a condo or HOA the normal method to collect delinquent maintenance fees is to send an owner to the attorney. The attorney will then move the process through the courts. This means foreclosure for delinquent maintenance fees. The object is to foreclose and take “intervening title” on properties.

It’s “intervening title” because in most cases the unit still has a mortgage. Soon enough the lender is coming for their collateral. The association can hold title but they cannot sell the unit as it may have a debt attached to it. With luck the association can get this title without too much expense and rent out the unit. That is the only way the association can recover money if somebody does not bid the unit when it goes for sale.

The association foreclosure worked in the past but now it is becoming obsolete.

The rental revenue may cover losses for maintenance fees. It may also cover the rehabilitation of the unit, commissions and marketing of the unit to a renter. There are also the legal costs & fees that the association spent to get the title.

With luck the association can hold on to this unit long enough to recover their money. Its a hard way to recover delinquent maintenance fees. It is also an obsolete maneuver to foreclose to recover money.

This is how it has always been, especially during the real estate meltdown of the last decade. Now, the times they are a changing.

 

New Law Proposed in FL Removes Ability for Associations to Collect Rents

In Florida, an amendment to Florida Statute § 697.07 has been proposed. This new law will entitle banks to step in and take those rents. In essence this completely neutralizes the benefit of foreclosure for community associations.

Delinquent maintenance fees, legal costs, late fees, late interest will remain a loss. Only the lender will benefit when an association forecloses. In other words there will be no good reason for a community association to foreclose on a unit. They will not be able to monetize it should they prevail in court.

These are not isolated events but a trend. Banks may be slow learners but they will always make decisions that will benefit their bottom line in the end.

 

 

New Law Proposed in SC Removes Foreclosure as an Option for HOAs

In South Carolina a bill pre-filed this month would prohibit HOAs from foreclosing at all. This bill would strip this power from associations. “Real property used as a primary residence may not be sold if the action was instituted by a homeowners association attempting to collect unpaid dues, fee, or fines”, the proposed bill states.

These are not isolated events but a trend. Banks may be slow learners but they will always make decisions that will benefit their bottom line in the end.

Association foreclosures are likely to become less common nationwide. This is a good thing! Community associations and their attorneys have long abused this power. Small debts get inflated with legal fees, and the case gets moved to foreclosure. Ultimately this does little to benefit the association.

Eliminating foreclosures will limit community association’s power to collect delinquent assessments. Fortunately, there are other alternatives to recovering delinquent maintenance fees.

 

The Real Estate Meltdown is Over, But We’re Acting Like It’s Still Going On

People are fallible and don’t always manage their financial affairs well. Such people need a wake up call, NOT their home confiscated.

In 2009, during the height of the real estate meltdown, many properties did not have equity. Originally purchased by “Flippers and investors,” many were simply abandoned. Banks were stalling foreclosure and these properties were sitting there rotting. In those times it made good sense for the association to rush to the courthouse and foreclose on delinquent units.

Today most homes have equity and are appreciating in value. It’s unlikely the current owners would let the property be taken from them if they can avoid it. If equity outweighs the debt it would be foolish to lose a property. Most units delinquent in their maintenance payments will pay without legal intervention.

 

A Viable Alternative to Foreclosure Is Available for Smart Community Associations

Eliminating foreclosures will limit community association’s power to collect delinquent assessments. Fortunately, there are other alternatives to recovering delinquent maintenance fees.

Retaining a collection agency that specializes in community association debt is becoming an increasingly popular option.

Many collection agencies work on a contingency basis, while Lawyers get paid regardless of the outcome of the cases they take. This means collection agencies are much more motivated to seek a timely resolution.

 

Less Negative Impact on Community Members

Strategies employed by debt collectors have a much lower impact on your community. With a strategy of engagement and education, these agencies are looking to resolve issues and improve communications within the community. This is done with the use of proper notifications, outbound calls, credit bureau reporting, letters sent to mortgage holders, placing of liens, and other techniques.

Frankly, association foreclosure on delinquent owners is obsolete. Even without the change in the laws this method to collect on delinquencies needs to be reconsidered.

It’s time for management companies and boards of directors to think how the future collects and engage specialized collection companies to collect delinquent condo and HOA debts.

 

 

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Axela Technologies Welcomes New President of Business Development After 600% Growth in 2019…

Axela Technologies Welcomes New President of Business Development After 600% Growth in 2019…

  • Posted: Jan 10, 2020
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Axela Technologies Inc, a specialized collections company servicing Community Associations, announced today the promotion of longtime industry expert Mitch Drimmer to President of Business Development. The appointment comes as the company exceeded 600% growth in 2019 under Drimmer’s leadership.

Axela Technologies, a specialized collections firm servicing the community association industry, has promoted Mitchell Drimmer to President of Business Development. This promotion was precipitated by strong growth in Axela’s collections division in 2019. In his new role, Drimmer will spearhead the formation of a national sales team as the company continues to enter new markets.

In his prior role as VP of Business Development, Drimmer worked with community associations and their management companies to introduce innovative strategies to collect delinquent maintenance fees. Under Drimmer’s watch in 2019, the company expanded operations, and grew its’ client base by over 600%. He has traveled nationwide, speaking at industry events and educating community association managers about the most effective ways to address the ever-present issue of delinquencies, solidifying his position as a thought-leader within the industry.

“Mitch has done a fantastic job getting the word out that there is a new and better way to recover delinquent fees,” says Martin Urruela, CEO of Axela. “He is committed to helping community associations and their managers adopt new technologies to better run their communities and businesses. Above all, Mitch is a fantastic communicator and teacher, and cares deeply about the success and well-being of the communities that we serve”.

Axela believes that legal action and foreclosure should be the measure of last resort when addressing association delinquencies. Through proprietary technologies that automate and streamline the process, Axela customers can escalate a unit to collections easier than ever to start seeing results immediately.

“In the United States, we have over 73 million people living in associations paying almost $100bn in annual assessments. A large percentage of which goes uncollected due to simple process inefficiencies,” states Drimmer. “Our mission at Axela is to ease the burden on managers and boards with the best collection solutions available in the market. It works; as evidenced by the fact that less than 5% of our collection files move to foreclosure. And did I mention we’ve never lost a customer?” quips Drimmer.

Drimmer has worked for Axela Technologies since early 2018, joining the company as the first business development executive. He earned a Bachelor of Arts in History from Hunter College in New York City, and has worked in the community association collections space since 2007.

 

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