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Federal laws provide some protections to owners in the military, including owners entering, military service, those in service in Colorado, those called to active duty and those deployed.  Members of the military reserve are covered on the date they receive active duty orders.

What are the limitations?

There are several limitations:


What is the purpose of these limitations?

The purpose of these limitations is to allow owners who are in military service to devote their energy to the defense of the country through temporary suspension of the lawsuit.

What should Associations do to collect past due assessments from owners in the military?

Owner associations can (and should) be proactive in protecting the interests of their members against delinquent owners who are in the military.  The following action should be taken:


Summary

The Service Members Civil Relief Act does create procedural hurdles for the association when it attempts to collect delinquent assessments from a military owner.  Additionally, the Act carries significant criminal penalties so it cannot be ignored.  Nevertheless, the association can protect its interests against a delinquent military owner by following the procedures set forth in its Collection Policy, in consultation with the association’s collection attorney.