Q: When a delinquent owner makes a payment, what does the money go to pay first, assessments or fines and fees?
A: According to Section 209.0063, payments must be applied to an owner’s debt in the following order:
1) Delinquent Assessments;
2) Current Assessments;
3) Attorney’s fees or third party collection costs associated w/ assessment collection or any charge that could be a basis for foreclosure;
4) Attorney’s fees not subject to #3 above;
6) Any other amount owed the Association.
Exception for Payment Plans:
If, at the time a payment is received, an owner is in default under a payment plan, the above priority guidelines do not apply. However, a fine may not have priority over any other amounts due and owing.