A pair of bills advancing through the Colorado legislature this year would make it harder for homeowners associations to foreclose on their members for unpaid assessments, while giving property owners a better shot at walking away with some of their equity should they lose their homes. Read the article…………………………….
Collecting on Judgment Liens in Florida
Acquiring a money judgment through the litigation process in the State of Florida can be tough, arduous, and expensive. When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. If the judgment debtor fails or refuses to pay the amount of the judgment, the judgment creditor may elect […]
Managing Delinquent Board Members: Strategies for HOA Leadership (CA)
In the complex world of managing a homeowners association, one of the most challenging issues that board members may face is dealing with delinquent board members. These individuals can disrupt the functioning of the HOA, cause financial strain, and create tension within the community. Addressing this issue requires a delicate balance of assertiveness, diplomacy, and […]
Florida lawyer writes rules to win condo auctions for $100. Judges let him do it.
The auction of this Oakland Park condo is not normal by the standards of Florida foreclosure sales, but for attorney Brad Ira Schandler, the auctioneer that day, it’s straight from his playbook. As with nearly every foreclosure auction he’s involved in, he and his associates win. The victorious bidder this morning? Schandler’s sister, Nadine August. […]
HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO)
When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes […]
Top 5 HOA Collection Policy FAQs for Board Members (GA)
Many board members and homeowners have questions about their HOA collection policy and how their HOA enforces the policy. We’ve asked our experienced HOA collection attorney team to provide the top questions they hear from association board members to help you better manage your community: Read the article…………………………….
Condo/HOA Boards – Don’t Let Lenders Block Your Collections (NY)
Condominium and HOA boards in New York have lien foreclosure rights against delinquent properties. But, when the primary mortgage lender isn’t qualified to do business in New York, delays and complications can arise. Here’s what you need to know: Read the article…………………………….
How does a condominium assessment lien work? (FL)
Condominium associations have various tasks that require them to interact with unit owners, such as collecting overdue fees or payments. These delinquent dues can impact all other unit owners, requiring the association to respond appropriately. Sometimes, sending notices can be enough to collect these fees, but other scenarios may call for further actions, such as […]
No Super Lien for You: New Case on the Priority of HOA Liens in North Dakota
In a case of first impression, the North Dakota Supreme Court ruled that, despite the language of a declaration of covenants and restrictions to the contrary, a homeowners’ association (HOA) lien for unpaid assessments does not have super priority over a later recorded mortgage. In the Industrial Commission of North Dakota v. Gould, 2024 ND […]
New York Class Action Settlement Impacts Foreclosure Proceedings: What Condo and HOA Boards and Management Need to Know
A recent class-action settlement addressing foreclosure procedures in New York State has significant implications for condominium and homeowners’ associations (HOAs) that have owners in arrears. The law involved only applies to foreclosures of home loans, and not condo and HOA foreclosure of common charge liens and experienced counsel need to make this clear at the […]
Unlocking Success: Using Legal Representation Over Collection Agencies for Delinquent Condominium Assessments
Community associations in Michigan play a crucial role in maintaining the integrity and functionality of shared living spaces. However, when faced with delinquent condominium assessments, these associations often encounter significant challenges in recovering the owed amounts. While some may consider turning to collection agencies as a solution, there are compelling reasons why community associations should […]
HOA Collections Policies: Ensuring Financial Stability and Fairness (NC)
In the realm of community management, one of the pivotal aspects often overlooked until it becomes a pressing issue is the collections process. Community association board members serve as stewards of the community’s financial well-being, necessitating a disciplined approach towards collections and delinquency management to maintain fiscal stability for the community association. This article delves […]
Property Lien In North Carolina: What Does It Do?
When a homeowner encounters a property lien in North Carolina, it can be a source of confusion and frustration. As such, all homeowners must understand property liens, their possible consequences, and how they can affect them. It is not always easy to navigate the ins and outs of liens, especially without a lawyer or an […]
Understanding HOA Liens: What Homeowners Need to Know
Facing an HOA lien can feel like standing at the edge of a financial cliff. No homeowner wants to find themselves there, yet it’s a reality for many. It’s not just about the immediate stress of financial dues. It’s the looming threat to your home’s security. HOA liens are powerful tools associations use to ensure […]
HOA Foreclosure Laws In North Carolina
Both homeowners and board members should familiarize themselves with the HOA foreclosure laws in North Carolina. In doing so, they can understand the rights of homeowners and the scope of authority an HOA has when it comes to foreclosures. It also helps keep the association in the clear and away from potential liability. Read the […]
MCL 599.211: Who Is on the Hook for Those Unpaid Assessments? (MI)
Imagine this. After weeks, months, or maybe even years of searching, you finally found the condo unit of your dreams and have decided to make it your own. There’s only one issue—unpaid condo association assessments on the unit. Fear not, the Michigan Condo Act provides clarity on matters of this sort. Read the article…………………………….
Five Ways to Improve Community Association Collections (MD)
Community associations face many challenges, none more so than funding the upkeep and welfare of their communities. An owner who refuses to pay their share can put a heavy strain on a community association’s finances. Community associations must be proactive and aggressive in protecting their interests. Read the article…………………………….
Important Reminders for Collection Procedures (CO)
It is very important to properly reflect in a Managing Agent’s software or Association’s records when an account is transferred to legal collections, as accepting payments for accounts that are in legal collections, or speaking to Owners whose accounts are in legal collections regarding their account may negatively impact the Association’s ability to collect the […]
Can a HOA evict a resident in Connecticut?
When an individual purchases a property within a homeowner association’s jurisdiction, they automatically become members. A homeowner association (HOA) is responsible for ensuring that the community is functioning smoothly and looks its best. Read the article…………………………….
Which homeowner association fees and fines can lead to a lien against a home? (AZ)
Question: As I understand it, a homeowner association has an automatic lien against a home if the association’s monthly dues are not paid. Thus, a buyer of the house would be responsible for any unpaid monthly association dues if not paid by the seller at the close of escrow. Read the Q&A……………………………….
Deceit, rigged bids and extortion: How HOA foreclosures can open the door to predators (NC)
A federal lawsuit focused on an intricate bid-rigging and extortion scheme has helped illuminate another pitfall of HOA foreclosures: They can leave homeowners vulnerable to profiteers. Read the article……………………………
Hundreds in NC lose homes, equity after HOAs foreclose. Who protects homeowners?
NC rules make it easy for HOAs to foreclose on homeowners. State law allows them to force the sale of homes for any amount of unpaid dues, no matter how small. Our investigation shows how often it’s happening – and how it can it’s devastateing homeowners. Read the article…………………………….
Tax Deed Can Extinguish Assessments (FL)
Q: I am on the board of directors of a condominium association, and one of the units in our association has both unpaid assessments and taxes. We recently received a notice that the county will sell the unit to satisfy the unpaid taxes. We have questioned how this will affect the condominium documents and the […]
Florida Court Affirms Foreclosure Judgment for HOA
Florida’s Fourth DCA has affirmed a county court’s final judgment foreclosing a lien in favor of Deer Run Property Owners’ Association (the Association) awarding more than $87,000 for delinquent assessments, interest, late charges, costs, and attorneys’ fees. Read the article………………………..
Important Reminders Regarding Collection Procedures (CO)
Please remember to follow the revised HB22-1137 Collection Policy for each individual Association. There may be variations present in each Association’s policy, therefore it is important that each be followed as written. Read the article…………………………..
Playing The HOA – A Continuing Study in Audacity (Part III)
Mrs. Delinquent*, who owned a unit in an HOA in New Mexico, had stopped paying her mortgage and HOA dues. As a result, she was having her home foreclosed upon by a bank, and the HOA referred her file to Axela Technologies. The collection solution provided by Axela Technologies was working the file to recover […]
How to abuse the bankruptcy court and your HOA at the same time (CA)
This case study revolves around a homeowner’s association (HOA) located in the State of California dealing with a property owned by six individuals that has been plagued by chronic delinquency since 2008. The association embarked on a journey to recover the long-standing debt through non-judicial foreclosure. However, the owners resorted to a series of bankruptcy […]
Til Death Do Us Part, Or Do We?: Collecting Community Association Assessments from a Deceased Owner in Michigan
As the population of their communities age, Community Associations will be faced with the question of who is responsible for payment of Association assessments when an Owner passes away. This article examines the various scenarios when an Owner passes away and the steps an Association should and can take to recover unpaid assessments. Read the […]
What Is The Memorandum Of And Judgment Lien In Virginia?
Homeowners associations can typically secure a judgment lien in Virginia in an attempt to collect unpaid dues from members. However, many homeowners don’t understand what judgment liens are. Some even question whether or not HOAs have the authority to impose such a lien. On the flip side, some board members don’t know how judgment liens […]
When the Homeowners Association Comes for Your Home (CO)
A spate of foreclosures filed by HOAs in Denver illustrate the potential risks of a increasingly common homeownership model. Read the article………………………..
Important Reminders Regarding Delinquency Processes (CO)
Please note the following reminders related to collections and processes: A vote of the Board of Directors is required prior to a file being transferred to the attorney for collections. Read the article………………………..
Communication counts: Developing a collections policy for community assessments
When homeowners don’t pay their assessments, a community association should immediately refer to its collections policy. Collections policies, which help ensure that all owners are treated equally, typically have timelines for how long an owner has to make a payment before the issue is turned over to a collections attorney. Read the article………………………..
Condo Unit Owners have to Pay Their Common Charges
The Supreme Court in Richmond County threw out a condo unit owner’s defenses to a nonpayment case seeking a money judgment for common charge arrears. The Court found that the affirmative defenses by the investor condo owner were boilerplate and couldn’t withstand summary judgment. Read the article………………………..
Homeowner Files Cert Petition Over Whether an HOA Assessment Qualifies as a “Credit Transaction” under the FCRA
The U.S. Supreme Court has been asked to decide whether a homeowner association (HOA) assessment constitutes a “credit transaction” under the Fair Credit Reporting Act (FCRA), which would open up an inquiry to the fundamental scope of one of the FCRA’s most important permissible purposes. Read the article………………………..
Jared Polis, Democratic state lawmakers call for more changes to Colorado’s HOA laws after Colorado Sun investigation
The Sun’s investigation, published this week, found that HOAs have filed roughly 3,000 foreclosure cases since 2018, more than 250 of which have resulted in properties being auctioned off. At least 100 of the properties auctioned off were sold for $60,000 or less, according to court records. Read the article………………………..
HOA-foreclosed homes in Colorado are auctioned off for a fraction of their market value, erasing years of equity
A Colorado Sun investigation found that more than 250 HOA-foreclosed properties have been auctioned off in the state since 2018. At least 100 of them were sold for $60,000 or less. Read the article………………………..
Virginia HOA Foreclosures: What VA HOA Homeowners Should Know
Virginia HOA foreclosures are a possible consequence that homeowners may face should they fail to pay their dues. Believe it or not, members of an HOA risk losing their homes when they default on their payments, with the association taking possession of the home and auctioning it off to satisfy outstanding debts. Here’s what you […]
Condo/HOA payment plans
Personal finance issues can easily seep into condo and HOA affairs. When a tough economy makes it challenging for average income earners to keep up, they begin to evaluate where they can reduce costs or delay payments. For some, putting a temporary pause on payments owed to their condo or HOA might seem like a […]
Final Demand Letters: A Comprehensive Guide to A.R.S. 33-1807(K) Compliance (AZ)
Homeowners’ associations (HOAs) and condominium associations play a vital role in maintaining the harmony and integrity of planned communities. To ensure timely payment of assessments, these associations may need to resort to a collections process when homeowners become delinquent. It is vital for board members to understand and follow the legal procedures outlined in Arizona […]
Make Sure Your Docs Don’t Cost You Money – Pt. 2 (FL)
Last week was a primer on how foreclosures generally work and how banks get off the hook when they get back a unit when they foreclose on an owner’s unit or home. We learned that the banks are protected by the law because they only owe a few bucks to the association when they get […]
Resources for Multifamily Boards Where Communities Go to Stay in the Know
The Community Associations Network (www.communityassociations.net) is an online resource that aggregates news and information related to co-ops, condos, and HOAs. There, boards and service professionals can access the latest on legislation, events, and issues pertaining to association living and governance throughout the U.S. and Canada. Read the article………………………..
Service member facing eviction and foreclosure over $2,500 in HOA fees (TX)
An active-duty service member, stationed overseas, learns he’s being evicted from his house for failing to pay his homeowners association fees. Read the article………………………..
A guide to condo owners’ assessments and collection policies (CT)
Moving into your dream condominium can get you all excited to enjoy all the perks it has to offer. However, receiving a letter from the homeowners association (HOA) mentioning assessments and fee collections may not be very welcoming. The jargon-filled letter may leave you wondering what it all means for you. Read the article………………………..
NC bill would make it harder for HOA to take your home
North Carolina Rep. Ya Liu of Wake County is one of the sponsors of a bill to make it harder for HOAs to start foreclosure proceedings. If it becomes law, HOAs could only start foreclosure proceedings against your property if you owed more than $2,500 or racked up 12 months of fees, whichever were to […]
Covenant Enforcement and the Automatic Bankruptcy Stay (VA)
Little can be more frustrating to an association than when a non-compliant homeowner files for bankruptcy. The bankruptcy laws are complex, and navigating them can be a challenge even for the most sophisticated managers. One of the broadest protections for homeowners that file bankruptcy is the “automatic stay.” Read the article………………………..
Covenant Enforcement and the Automatic Bankruptcy Stay (VA)
Little can be more frustrating to an association than when a non-compliant homeowner files for bankruptcy. The bankruptcy laws are complex, and navigating them can be a challenge even for the most sophisticated managers Read the article………………………..
Tips for Assessing Charges to an Owner’s Account (IL)
As community associations are not-for-profit corporations, collecting money due and owing to these communities is critical. Over the years, K&M has written many articles and participated in many presentations about the collection process. For this reason, many of you understand the importance of collecting assessments. Read the article………………………..
Ethics of Collections (CO)
No one feels good about collections. Board Members don’t relish sending their neighbors to collections. Professionals, be they managers or account techs or attorneys, don’t enjoy it either. However, the reality is that collections is a necessary reality for nearly every Association at some point. Read the article………………………..
2 WAYS TO COLLECT – PERSONAL LIABILITY VS. LIEN (CO)
If a homeowner fails to pay a balance due to their association, there are two ways to attempt to collect that balance. The first is through the personal assets of the homeowner. The second is through the lien against the property.Read the article………………………..
Can A Home Owner’s Association Legally Take Your House In NY State
Homeowner’s associations can be a pain in the behind, but can they really take your home if you don’t abide by their rules? We’ve all heard of HOA horror stories. Sometimes you pay your HOA fees and they do absolutely nothing to make the neighborhood better or enforce basic rules to keep the neighborhood beautiful […]