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…………………………….

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 […]

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………………………..

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………………………..

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 […]

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 […]

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 […]

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………………………..