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 […]
Supreme Court rules in favor of 94-year-old woman who got nothing when county took her condo
A unanimous Supreme Court on Thursday gave a 94-year-old Minneapolis woman a new chance to recoup some money after the county kept the entire $40,000 when it sold her condominium over a small unpaid tax bill. Read the article………………………..
Condo vs Condo: Key Colony sues EmeraldBay for unpaid bills (FL)
The Key Colony Homeowners’ Association is suing the EmeraldBay building – and by extension, hundreds of its own members – for what it says is a breach of a 30-year financial practice used to manage millions of dollars in owner fees each year. Read the article………………………..
How Long Does A Foreclosure Take In Florida?
Foreclosure is a legal process aimed at recovering the outstanding loan balance by selling the property used as collateral. This process can be a particularly challenging experience for homeowners in Florida especially those who are unfamiliar with how foreclosure works. The length of a foreclosure procedure can depend on the complexity of the case and […]
HOA Q&A: Are dues paying owners entitled to know who’s delinquent and if any sanctions? (FL)
Q: With HOA and condo associations’ constant emphasis on dues and budgets, are we entitled, as dues paying owners, to know (no names, please) how many owners are delinquent, what our association is doing about collecting these funds and sanctions, if any, currently imposed? Read the Q&A……………………………….
Illinois Court Rules HOA Cannot Collect Assessments That Were Improperly Levied Under the Common Interest Community Association Act, 765 ILCS 160
One of the responsibilities of a board of directors or a board of managers in any homeowner’s association is to set the amount of regular assessments for the members. This is typically done by way of a budget that is decided upon by the board in advance of the upcoming year. However, each association may […]
Understanding the New Timeframes for Collections (FL)
Associations frequently ask the question: “When should a delinquent owner be turned over for collections?” To fully answer to this question, the association must understand the relatively new statutory requirements that must be fulfilled before an account is turned over to legal counsel for collections, as well as understanding the increased timeframes an owner is […]
Michigan Court Rules Condo Association Did Not Wrongfully Foreclose
A necessary component of running a functional condo association is the collection of delinquent maintenance assessments. While many condo associations can yield account resolution through a demand letter and/or recording a lien against the unit, some delinquent accounts may require the initiation of foreclosure, which is provided for by Michigan Condominium Act, MCL 559.101, et […]
Condo Board Can Deny Use of Amenities to Get Unit-Owners to Pay Up (NY)
The lawsuits have been dragging on for years at the Promenade, a 209-unit luxury tower in Lenox Hill overlooking the East River. This protracted legal brawl pits two unit-owners against the condo board over such familiar issues as arrears, alteration agreements, bylaw violations, objectionable conduct, liens and foreclosure. Read the article………………………..
How To Handle an HOA Member Who Refuses To Pay (MD)
Obviously, member fees are important for running an HOA. They provide the income the community needs to function well. When an HOA member refuses to pay, it can greatly harm the community. In the rest of this article, we will tell you how to handle the situation the next time an HOA member refuses to […]
Common Collection Issues Faced by Associations (CO)
HB22-1137, which became law in August of 2022, imposed new hurdles for associations in the collection of delinquent accounts – namely: Read the article………………………..
Ninth Circuit Affirms Summary Judgment Win by Law Firm in FCRA Class Action Case
The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling in a Fair Credit Reporting Act class action, determining that the defendant’s decision to access the plaintiff’s credit report in order to obtain a mailing address so it could attempt to collect on a debt was neither willful nor a violation […]
The ‘lose-lose’ fight between an ex-Bronco and his HOA (CO)
Karl Paymah was on the clock. A certified letter from the Rock Ridge Condominium Association in the Denver suburb of Aurora said he had 30 days to pay $1,515.45 in unpaid homeowners association dues and penalties — or face foreclosure. Read the article………………………..
Collection of Delinquent Assessments (PA)
Delinquent homeowners can affect a community in a variety of negative ways. Obviously, an association needs assessments to be paid, preferably on time, in order to operate. There are many undesirable consequences of having too many delinquent homes and/or unpaid assessments. A community with an abundance of homeowners in arrears could be declined for a […]
What Happens When You Don’t Pay Your HOA Fees?
As a member of a homeowners association, you’re likely familiar with the importance of paying your HOA fees on time. These fees are used to maintain and improve the common areas of your community, including things like landscaping, maintenance of community amenities, and other essential services. Read the article………………………..
Can You Lose Your Home if You Stop Paying Your HOA Fees?
When you buy a home that’s subject to ongoing HOA fees, it’s important to make sure those dues fit within your budget. But what if money gets tight or your income decreases and you start to fall behind? Not paying your HOA fees could have unfortunate consequences, so it’s important to avoid that situation to […]
Condominium Assessment Liens are Technical and Cumbersome (FL)
A condominium association is responsible for managing, maintaining and repairing the common elements. Common elements generally include the building structure, roof, parking, pool and in some cases much more. Funds to carry out the association’s duties are provided by assessments on unit owners. Read the article………………………..
Why Money Judgments Don’t Work for Assessment
Money judgments are not an effective way for an HOA to collect delinquencies. It’s often more effective for an HOA to work with delinquent homeowners to find a resolution that is mutually beneficial. This may involve setting up a payment plan or finding alternative ways to resolve the delinquency. Read the article………………………..
Report from the Trenches: Best Practices for Representing Associations in Small Claims Court (CA)
Although attorneys advise homeowner associations and community managers in preparation for appearing in small claims court and assist with appeals, more often community managers and board members go it alone since the amount in controversy does not seem to warrant the expense. Read the article………………………..
Bankruptcy Court Upholds Condominium Lien Foreclosure (MA)
It has long been commonplace for mortgagors to attack all aspects of a bank’s mortgage foreclosure sale in order to invalidate the foreclosure sale and retain the mortgaged property. There have been far fewer such attacks on the validity of a statutory condominium lien foreclosure, and no prior Massachusetts case has determined when the unit […]
Appellate Ruling Shows Potential Pitfalls of Fining, Enforcement Missteps by Community Associations (FL)
A recent ruling by Florida’s Second District Court of Appeal demonstrates the potential legal liabilities and costs for associations that fail to meet the mandated prerequisites for the imposition of fines as well as suspensions from community amenities or board seats. Read the article………………………..
It’s Time: Collection of HOA/Condo Assessments (AZ)
Before an Association can turn a file over to a law firm for collection of delinquent assessments from an owner, Arizona law requires the following: Read the article………………………..
Arizona Prop 209: The Predatory Debt Collection Protection Act and How It Impacts Arizona HOAs
Arizona Proposition 209, otherwise known as the “Predatory Debt Collection Protection Act,” will directly impact homeowners associations and planned communities. Prop 209 states that an HOA will be limited in its ability to garnish a delinquent owners’ earnings or bank account. This is especially important for board members to understand as garnishment can be a […]
Condos Collecting against Owners with Assets
New York condominiums have a variety of ways to collect amounts owed by unit owners. If demands and being nice do not cause owners to pay their obligations, then condo boards have tools available to cause owners to pay. Read the article………………………..
Beware of Procedural Pitfalls in HOA Foreclosures
Most community associations already know the Planned Community Act allows them to place a lien on a delinquent homeowner’s property and foreclose on that interest. Read the article………………………..
Beware of Procedural Pitfalls in HOA Foreclosures (NC)
Most community associations already know the Planned Community Act allows them to place a lien on a delinquent homeowner’s property and foreclose on that interest. But to do so, associations must comply strictly with the statute governing that process. Read the article………………………..
HOA Homefront: What happens when they won’t pay HOA dues? (CA)
Q: A neighbor bought a condo and rents it out, but has not paid ANY HOA fees for over two years! When she is contacted about the past due fees, she says she will pay them when she wants. Read the Q&A……………………………….
CAI Scores Amicus Win in North Carolina Foreclosure Case
The Supreme Court of North Carolina unanimously determined that a condominium has the power of sale for foreclosure for nonpayment of an assessment given the plain language of the North Carolina Condominium Act of 1985 and the condominium association’s declaration. The court reversed the decision of the North Carolina Court of Appeals and remanded the […]
Collection of Delinquent Assessments Through Bankruptcy (OH)
When an owner becomes delinquent on association assessments or other obligations, they may consider bankruptcy as a solution to their financial problems. A bankruptcy filing triggers a number of federal laws that affect an association’s ability to collect delinquent assessments. Read the article………………………..
Colorado’s new HOA law has stopped foreclosure cases in one Green Valley Ranch subdivision (CO)
Earlier this year, city officials called an emergency meeting on something they’d not dealt with before: They learned Green Valley Ranch residents were fighting potential foreclosures on their homes in cases brought to court by their homeowners’ associations. Read the article………………………..
Obligation to Pay HOA Dues Survives Even the Strangest Circumstances
As community association attorneys, we hear all sorts of reasons from homeowners to explain why they haven’t paid their assessments. These usually include legitimate explanations such as illnesses like COVID, job loss, or other hardships. Some homeowners are more creative. One owner recently told our office that the presence of “entities” in the home was […]
New NC Supreme Court Case: Applicability of Condominium Act Foreclosure Rights to Pre-1986 Condominiums
A decision last week (November 4) by the NC Supreme Court provides helpful authority to older condominiums not only in the context of foreclosures, but in the larger context of relying on the retroactive portions of the NC Condominium Act (Chapter 47C). Read the article………………………..
What Can an HOA Do When a Homeowner Refuses to Pay HOA Fees? (FL)
Homeowners association fees are due on a monthly basis and utilized by the homeowners association (HOA) to maintain and improve the property and/or the neighboring area. HOA fees vary depending on where the property is located and can range anywhere between $100 to even $1,000 per monthRead the article…………………………
Important Reminders re. HB22-1137 (CO)
As HB22-1137 is now law, collection practices by an Association have to be adjusted as follows: Read the article………………………..
Here’s What Happened When Lawyers For A Condo Association Tried To Collect Their Fees (HI)
A Honolulu law firm could have to pay almost half a million dollars to a condo owner after a federal jury found the firm violated debt collection laws when it sought legal fees totaling almost $50,000 in a dispute involving the condo owner’s dog. Read the article………………………..
Condominium Collection Practices in Massachusetts
This practice note explains the steps and procedures that must be followed to collect common area fees from delinquent condominium unit owners in Massachusetts. This practice note provides tips for navigating statutory requirements and also identifies traps that should be avoided when proceeding with a collection action in Massachusetts. Read the article………………………..
What Happens When a Delinquent Homeowner Dies? (CA)
When a delinquent homeowner dies, there is a strict one-year statute of limitations to sue them or to continue a lawsuit against their estate. (Cal. Code Civ. Proc. § 366.2). This is true even if the statute of limitations would have been longer had the person survived. This harsh rule applies even if you did […]
WHAT TO KNOW ABOUT HOW HB22-1137 CHANGED HOA COLLECTIONS (CO)
This past summer, the Colorado legislature passed HB22-1137, which became effective on August 9, 2022. This new law requires Colorado associations to update their Collection Policy, Covenant Enforcement Policy and Conduct of Meetings Policy. Additionally, it requires several changes to the collections and covenant enforcement processes. This article focuses on the collections changes, but if […]
Are HOA Debts Subject to the FDCPA? (AZ)
he Fair Debt Collection Practices Act (“FDCPA”) is a federal law that establishes protection for consumers from abusive debt collection practices. The FDCPA covers debt used for “personal, family, or household purposes” incurred by a consumer. Generally, when people think of the FDCPA, they are considering credit card debt, third party-debt buyers, medical bills, student […]
A solution for HB-1137 required collection notice postings: ‘HOA Postings’ (CO)
Colorado House Bill 22-1137, effective on August 10, 2022, requires Associations to post a copy of certain collection notices on the door/property of the delinquent owners. Read the article………………………..
Notice to Clients About HB 22-1137 (CO)
On August 10th, HB 22-1137 became law. All associations not exempt from the relevant provisions of CCIOA, must now take the following actions regarding delinquent accounts: Read the article………………………..
Bankruptcy Basics for Condominiums (MA)
During the COVID-19 pandemic, both the federal government and the Commonwealth of Massachusetts imposed foreclosure and eviction moratoriums. Due to these moratoriums, consumer bankruptcy filings fell dramatically as the urgency to protect assets, especially residential property, was no longer an immediate concern. Once the moratoriums ended, there was concern that a tsunami of bankruptcy filings […]
Are HOA Debts Subject to the FDCPA? (AZ)
The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that establishes protection for consumers from abusive debt collection practices. The FDCPA covers debt used for “personal, family, or household purposes” incurred by a consumer. Generally, when people think of the FDCPA, they are considering credit card debt, third party-debt buyers, medical bills, student […]
Money & the Law: Law governing HOA’s grows even more complex (CO)
Restrictive covenants and homeowners associations (HOAs) are a mixed blessing. On the one hand, they help to keep residential properties well maintained, thereby enhancing property values. On the other hand, they restrict individual choice and can be a catalyst for bullying by an overly aggressive HOA. Read the article………………………..
3 Court Cases That Shaped the Way Your Association Pursues Condo Debt Collection
Condominiums (and to a certain extent HOAs) are “creatures of statute.” Every year, in almost every state, new laws and new court cases can change the dynamic of how a community association can collect delinquent assessments. This article will cover some examples of the more significant cases to impact condo debt collection coast to coast. […]
Collection lawyers avoid lending laws in Maryland; Dissenter decries loophole
A law firm in the business of collecting homeowner association and condominium dues isn’t a “lender” under the Maryland Consumer Loan Law, the state’s highest court ruled, answering a central question in a class action in federal court by delinquent property owners. Read the article………………………..
Condominiums Have Power to Collect Assessments (FL)
Florida condominiums are created by a declaration of condominium. The declaration must meet requirements set by statute and regulations and be approved by the State. Condominium associations rely upon assessments from unit owners to pay the bills. Each declaration of condominium includes provisions addressing assessments but Florida statutes control procedure. Read the article………………………..
HOA DEBT COLLECTION: Is A License Required? (CA)
Great news for HOAs collecting delinquent assessments! After over a year of confusion created by Senate Bill 908, which seemed to require that HOAs be licensed to collect assessments, California’s Department of Financial Protection and Innovation (DFPI) decided that routine HOA assessment activities do not require a license. Read the article………………………..
Condo Column: Condos and credit agencies don’t mix (NH)
Every once in a while I get an inquiry from a condominium board of directors about reporting a delinquent owner to a credit reporting agency. I understand the urge. Boards frustratingly spend way too much time collecting money from someone who uses the pool, has their unit insured by the association, gets landscaping and snow […]
HB22-1137 COLLECTIONS QUICK GUIDE FOR HOAS (CO)
Record Keeping: The HOA must keep records of when notices are mailed, emailed, texted or posted. This needs to include time, date, manner, etc. Read the article………………………..