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Community Associations Network
- May 12, 2015
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Appellate Court Upholds Requirement that Condominium Associations Must Offer Alternate Dispute Resolution for Collection of Delinquent Assessments

In an unpublished Appellate Court decision – The Glens at Pompton Plains Condo. Ass’n, Inc. v. Van Kleeff – the New Jersey Appellate Division made it abundantly clear that condominium associations must offer alternative dispute resolution (“ADR”) for any “housing-related dispute,” including the non-payment of assessments/maintenance fees, prior to filing any non-emergent legal action against […]

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Community Associations Network
- April 29, 2015
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WV Homeowners’ Associations Held Subject to Consumer Credit Protection Act

In a recent case argued by Martin & Seibert, L.C., the West Virginia Supreme Court of Appeals examined the ability of a West Virginia Limited Expense Planned Community to assert a common law lien on real property for unpaid association assessments, and the issue of whether an association’s attempts to collect delinquent assessments is governed […]

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Community Associations Network
- April 13, 2015
16 views 31 sec

Common expense collections policy redux

We published a piece last May recommending that condominium corporations enact policies to collect common expenses in an orderly, systematic way. Unfortunately, we continue to see condo boards deliberately delaying the commencement of power of sale proceedings on liened units. Such delay brings added cost, wasted board time, greater hardship on unit owners in trouble […]

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Community Associations Network
- April 2, 2015
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Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part III

This blog post is part III in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and […]

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