19.12.12 • Ask us anything! – Owner Payments

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; 
Attorney’s fees not subject to #3 above;
5) Fines;
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.


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