Can a unit owner be sent to collection if they only owe late fees and/or fines and/or legal fees?
Yes. Since all types of assessments are enforceable as common expense assessments, any of them may be the subject of a collection action. However, the caveat is that Boards should carefully consider whether collection is appropriate where no monthly fees are due. In such cases, the Court will scrutinize the associations late fees, fines and/or legal fees and the association must provide validation satisfactory to the Court in order to obtain a Judgment for the full amount sought.
