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Top 10 Assessment-Debtors' (True) Unsuccessful Defenses
Homeowners' personal obligations to timely pay assessments are absolute under most recorded Declarations and Covenants, as buttressed by the Colorado Common Interest Ownership Act.
Of the three-thousand-plus delinquent accounts that will be referred to Orten & Hindman for collection this year, the overwhelming majority will be resolved without a court appearance by the homeowner and the association will recover all of its delinquencies, legal fees and court costs.
On those rare occasions when delinquent homeowners get to court, the excuses the homeowner offers for not paying assessments can be as creative as they are unsuccessful. Below we list ten excuses that we have heard this year. They put a twinkle in our (and the judge's) eyes. However, none of them worked.
10. My dog died. 9. My dog broke his leg. 8. My children were at the Alamo. 7. Russian gangsters stole my house. 6. I thought this was a court-martial. 5. I defended America against Russian bombers. 4. I have no witness here who knows that answer, your honor. Could you please phone a friend for me? 3. My wife couldn't answer the Summons because a mosquito might biter her and give her West Nile virus. 2. I am not a lawyer. 1. I am a lawyer.
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Orten & Hindman, P.C.
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