Annual reports of the chairman of the HOA or director of the Management Company raise many questions from the assembled tenants. Because again there is not enough funds for various needs. In response, most often you can hear a link to defaulters. Indeed, in every house there are people for whom the payment for a communal apartment is too high, and for some it is so insignificant that payments are postponed for months. Thus, rather large amounts of debts are collected, which are difficult, but must be collected.
Instructions
Step 1
First of all, notify the tenant about the arrears of utility bills. Explain to him the need for timely calculations, referring to specific facts (total amounts of household debts, disruption of preparation for the heating season, etc.). Sometimes oral conversation is enough for a person to recognize the need for regular payments and move into the category of respectable homeowners. All this concerns people who are very busy or do not live in the house at all, but who are ready to pay their share of the costs of maintaining the house. For hard-core defaulters, such a notice must be drawn up in writing.
Step 2
Gather the board of the HOA and consider the issue of further actions in relation to the persistent defaulters. Discuss the measures that should be applied to each of this list of residents. This can be an appeal to energy suppliers for a joint action or the transfer of a case to court. Assign responsibility for the implementation of the assigned activities Enter the decisions taken as a result of voting in the minutes of the meeting.
Step 3
Notify especially hard-core defaulters about the decision of the board and invite them to pay off the debt, indicating specific terms. Tell that if your requirements are not met, you will take the debt collection case to the magistrate's court. It is best to send such a notice by registered mail with acknowledgment of receipt. Thus, the debtor will not be able to plead ignorance of the current situation, and you will provide the court with evidence of attempts to resolve the dispute out of court.
Step 4
Write a statement to the magistrate about collecting utility bills from a specific tenant. Pay the state fee. Submit the package of documents (statement, receipt of payment of state duty, proof of debt) to the magistrate's court. Based on the evidence presented, the judge will make a decision to recover the debt. You should know that the defendant is given ten days by law to challenge a court order. If this does not happen within the specified period, the court decision comes into legal force.
