Legal League has issued a brief on the recent decision in the state of Pennsylvania in the case of Foxfield at Naaman’s Creek v. Eventoff, R. At the heart of the case is the question if a homeowners association (HOA) foreclosure could divest a first mortgage from a property. Legal League is a professional association […]
Bay Isles Association sued over alleged inequity in assessment collection (FL)
When a group of Bay Isles Harbor residents took a closer look at their association fees in 2022, disparities in how their properties were assessed stirred up concern. That led to the civil suit filed in late 2023, and litigation for the trial is still ongoing. A group of nine residents in Bay Isles Harbor, […]
Foreclosures (CO)
Any attorney that represents homeowner associations will tell you that the Colorado legislature has unleashed a massive assault on associations over the last several years with respect to regulating the collection of delinquent assessments. However, no other area of collections has been affected to quite the same extent as the foreclosure of association liens. There […]
Omaha homeowners association in dispute with HUD over years of unpaid dues from vacant property (NE)
A half-million dollar home along a golf course would typically be a hot property on the real estate market, but one such house in Sarpy County has been vacant for five years and counting. Read the article…………………………….
Should You Update Your Condominium or HOA Lien for New Assessments? (MI)
When a condominium or homeowners association (HOA) in Michigan imposes a new assessment, a common question arises: does the existing lien need to be updated to reflect the new charges? The answer depends on several factors, including the type of assessment and the provisions outlined in the association’s governing documents. In most cases, condominium liens […]
A 3 Step Process for Collecting Condominium & HOA Assessments in Illinois
Assessment payments are the lifeblood for a community association as these payments are generally the sole source of income for most community associations. The income received from assessment payments is used to fund association operations and provide essential services. A community association that fails to collect monthly assessments from its members could find itself in […]
Foreclosures (CO)
Any attorney that represents homeowner associations will tell you that the Colorado legislature has unleashed a massive assault on associations over the last several years with respect to regulating the collection of delinquent assessments. However, no other area of collections has been affected to quite the same extent as the foreclosure of association liens. There […]
Redefining Collections: CAI Policy Recommendations in Community Associations
The Community Associations Institute (CAI) recently announced new policy recommendations concerning foreclosure practices for delinquent assessments. These updates aim to strike a balance between safeguarding the financial health of associations and ensuring fair, compassionate treatment for homeowners. Read the article…………………………….
Omaha homeowners association in dispute with HUD over years of unpaid dues from vacant property (NE)
A half-million dollar home along a golf course would typically be a hot property on the real estate market, but one such house in Sarpy County has been vacant for five years and counting. Tiburon Point —a gated neighborhood nestled along Tiburon Golf Club near 168th and Cornhusker Road in West Omaha — has a […]
HOA, Condo Association Group Weighs in on Foreclosures Over Unpaid Assessments, Fines
Homeowners and condo associations foreclosing against their owner members have been making headlines in Florida and across the country. “World War II vet, 95, fears foreclosure after losing suit to Florida condo association,” reads one recent headline from the Tampa Bay Times; “Woman fears foreclosure after carpet dispute with condo association” reports the Chicago ABC […]
How can HOAs improve collection rates?
Homeowner groups (HOAs) often face problems collecting dues on time. Late payments can hurt budgets and stop community projects. However, there are innovative ways to improve collection rates without legal action. HOAs can get timely payments and maintain financial stability by applying clever strategies and building team spirit. Read the article…………………………….
The Legal Process of Judicial Foreclosure for HOAs (TX)
Homeowner associations (HOAs) play a crucial role in maintaining property values and community standards. However, when homeowners fall behind on their assessments, it can trigger a cascade of legal actions, potentially culminating in foreclosure. Read the article…………………………….
Understanding the Statute of Limitations on HOA Assessments (TX)
Navigating the complexities of homeowner association (HOA) regulations is a daunting task, especially when it comes to assessment disputes. At Manning & Meyers, we understand the challenges homeowners associations face in the Dallas area and beyond. With our deep-rooted expertise in HOA law, we’re here to shed light on the statute of limitations concerning HOA […]
Seasonal To Dos for Delinquencies (CO)
There are certain things in life we do at certain times of year: New Year’s resolutions, flu shots in the fall; holiday shopping in the winter. Did you know there are certain to dos that should occur at particular times when handling delinquencies? Add these to your annual calendar each year to be sure you […]
How to Collect Delinqunt HOA Fees and Dues
If you manage a homeowners association, you know the importance of homeowner’s association fees and dues. These fees are necessary for covering common expenses, maintaining the properties and paying for any amenities the community offers. Unfortunately, not all homeowners are good at keeping up with paying their dues, and when someone doesn’t pay their fair […]
CAI Approves Policy Changes to Foreclosures by Community Associations to Collect Delinquent Assessments
The CAI Board of Trustees approved updates to CAI’s foreclosure by community associations to collect delinquent assessments public policy. This decision comes after a comprehensive vetting process that included the establishment of a public policy task force on the topic and feedback from CAI members, homeowner leaders, CAI chapters, member representation groups, and legislative action […]
Small debts, big losses: The data work and reporting behind uncovering the impact of HOA foreclosures in North Carolina
In this edition of We Mean Business: “How They Did It,” Ananya Bhargava interviews Ames Alexander and David Raynor about their recent award-winning investigative series “Hopes Foreclosed.” This investigation uncovered how often HOAs in North Carolina are foreclosing on homeowners. It revealed not only a troubling trend of HOA foreclosures in the region but how […]
Bringing Home the HOA Bacon
Why is it taking so long to collect delinquencies? Can we close the pool to the deadbeat? Why can’t we collect on that judgment? These are questions that too many board members and managers ask … mainly because there is no collection policy. A clearly worded, communicated and enforced collection policy is the solution to […]
What Gen Z and Millennial Homeowners Mean for HOA Delinquency in 2025 and Beyond
As we look ahead to 2025, community associations are poised to experience a significant demographic shift. Millennials make up 38 percent of homebuyers, and Gen Z is beginning to embark on homeownership as well. It’s not just TikTok dances that younger homeowners bring to the neighborhood: Executives and HOA/COA board members should be particularly cognizant […]
The Owner’s Account Is Already in Collections – Why Do I Have to Send a New Notice of Late Assessment for a New Special Assessment? (FL)
Community associations have become very familiar with the statutory requirement that a 30 day Notice of Late Assessment must be sent to an owner prior to turning the account over to an attorney for collections. However, confusion over the need to send a Notice of Late Assessment often arises when an association adopts a new […]
Illinois Appellate Court Holds that Condominium Association Entitled to Collect All Unpaid Assessments from Foreclosure Purchaser
Assessments are the lifeblood of a condominium association. Thus, when a unit owner becomes delinquent on their assessments, it is imperative that the community association act swiftly (and legally) to try to recoup any of the unpaid assessments. One option a condominium association has is to file a foreclosure action against the unit. However, often […]
Can HOAs withhold privileges over unpaid fees? (CT)
Keeping a community thriving depends largely on the regular collection of HOA fees. Yet, many HOAs struggle with residents who fall behind on their payments, affecting essential services and causing frustration among those who do pay on time. Is it legal for HOAs to restrict certain privileges to motivate timely fee payments? Read the article…………………………….
HOA Special Assessments: Strategies for Effective Payment Plans
HOA special assessments represent a critical funding mechanism that homeowners associations employ to address significant community needs beyond their regular operating budgets. When existing reserve funds prove insufficient for major repairs or vital community improvements, these special assessments become essential tools for maintaining community standards and protecting property values. The implementation of effective payment plans […]
Long-Term Effects of Foreclosure on HOAs and Homeowners (TX)
Foreclosure is a distressing event that can have a ripple effect on both homeowners and the communities they reside in. While the immediate consequences of foreclosure are often clear, it’s important to understand the long-term implications, particularly for homeowners’ associations (HOAs) and the individuals affected. Read the article…………………………….
Collections, Force Majeure and Other Contractual Considerations Post-Hurricane Helene
Hurricane Helene’s impacts and devastation are still being assessed, but we are already hearing from community associations in the Western part of North Carolina about catastrophic damage to dwellings and infrastructure. Now the focus is simply on restoring access to working phones, power and water, and making sure that association members are safe with access […]
3 critical reasons for HOA foreclosures
Owning a home in a community with a homeowners association (HOA) can be a double-edged sword for you. On the one hand, you enjoy well-maintained common areas, amenities and a sense of community. On the other hand, there are rules, fees, and sometimes, the looming threat of foreclosure if things go awry. Read the article…………………………….
Delinquent Assessment Rights Discussed (FL)
Q: I recently reviewed communications from our condominium management regarding penalties for unit owners who fail to pay their maintenance fees. I find the penalties to be insignificant and ineffective. I am frustrated that those who don’t pay their share of our expenses seem unaffected and continue to enjoy amenities, making these penalties a real […]
How To Deal With Collecting HOA Delinquencies
There are few things more basic to a homeowners association than the fees it takes to keep the place running. When one or more owners default in the payment of fees, the impact is felt by all. And the longer the delinquency, the deeper the cut. It is a situation that many boards dread because […]
How To Deal With Collecting HOA Delinquencies
There are few things more basic to a homeowners association than the fees it takes to keep the place running. When one or more owners default in the payment of fees, the impact is felt by all. And the longer the delinquency, the deeper the cut. It is a situation that many boards dread because […]
You’ve Obtained a Judgment – Now What?
The easiest, quickest, and least painful way to collect money is through a settlement agreement with the owner. In a settlement agreement, the association and the owner reach a mutually agreeable arrangement to pay the debt. This may include waiving some amounts or accepting payments over time. Read the article…………………………….
What is an HOA Lien? Insights for Texas Homeowners
As a homeowner in Texas, managing your responsibilities within a Homeowners Association (HOA) includes staying current with HOA dues—fees that help maintain and enhance your community’s shared spaces and amenities. Read the article…………………………….
Strengthening Community Associations: The Vital Role of a Comprehensive Assessment Recovery Policy and Procedure
Community associations are founded on principles of shared responsibility and collective maintenance. From maintaining common elements to providing essential services, every member’s contribution in the form of assessments is vital. However, ensuring timely payment of these assessments can often be challenging. This underscores the importance of establishing a robust policy and procedure for collecting assessments. […]
Classifying Mortgages and HOA Super Liens
Across the country, numerous states have passed uniform community housing statutes that create liens for homeowner’s associations against units in their communities for unpaid assessments. These liens are typically automatically enforceable upon failure to pay an assessment. Once enforceable, the liens can obtain “super priority” status over other lien holders. The super priority lien of […]
Exactly What Must Be Included in the Notice of Late Assessments? (FL)
As most of us are by now familiar with, in 2021 the Florida legislature enacted significant statutory changes to Chapters 718, 719, and 720, requiring a new notice to delinquent owners that must be mailed by an association before demanding payment of attorney’s fees related to the collection of unpaid assessments. Since July 1, 2021, […]
Winning is Just the First Step: A Quick Look into the Post-Judgment Collection Process
After a grueling 4-day trial full of witnesses, questioning, and jury deliberation, the Judge finally announces, “Verdict in favor of the Plaintiff.” You are elated, the Judge just told you that you won your trial and the defendant you sued for property damage owes you $250,000.00. Now you can finally relax. You are expecting the […]
5 strategies for condo owners challenging foreclosure (FL)
Life can take you by surprise, and some of those surprises can significantly affect your finances. Receiving a notice of default is frightening and not a situation people willingly put themselves in. Unexpected changes like a sudden job loss, medical emergency or contentious divorce can put you in a bind. When those challenges put you […]
When Insurance Claims are Denied, HOA Collections Come to the Rescue
In a report published on July 3, 2024, Newsweek Magazine observed that insurance companies are denying an extraordinary number of claims to Florida Homeowners Associations (HOAs) and condos. Being paid out for insurance claims properly as a homeowner in Florida brings you close to a 50/50 chance of being made whole, especially for HOAs. Read […]
HOA Dues: Handling Non-Payment & Violation Issues
Homeowners Associations (HOAs) play a pivotal role in managing residential communities, ensuring that neighborhoods are well-maintained and that property values are preserved. This comprehensive guide explores the basics of how HOAs function, their duties, the importance of Covenants, Conditions, and Restrictions (CC&Rs), the collection of HOA dues, and effective strategies for handling non-compliance among homeowners. […]
HOA doubling down on collecting 20 cents from homeowner
A Volusia County HOA said they will go forward with collecting 20 cents plus late fees from a woman who made a mistake on her payment, shorting it two dimes. WFTV introduced you to Carolyn Babcock in June. She was paying the household bills for the first time while her husband was in a nursing […]
Arizona HOAs can foreclose for $1,200 in fees. What to know about the groups
People who live in a community with a homeowners association — as many Arizonans do — often have strong feelings about it. Some like their community association and don’t mind paying fees for it to handle the community’s upkeep, while others fight with their HOAs over everything from displaying holiday lights to parking cars on […]
Co-op and Condo Boards Cannot Overreach on Fines and Late Fees (NY)
Just as governments need to deter misconduct and punish rule-breaking, co-op and condo boards rely on fines and late fees to keep their houses in order. But there are limits. This article explores three questions boards need to address before imposing fines and late fees. Read the article…………………………….
Tough Enforcement and Foreclosure Cases – What Can be Done to Collect or Resolve? (CO)
Covenant enforcement and foreclosures have become harder in the last few years due to legislative and economic changes. As such, certain covenant enforcement and foreclosure cases can become extremely difficult to resolve due to Owners who may attempt to delay the process or due to not following the proper processes and procedures both in the […]
Behind on COA assessments? Your COA may do these things (FL)
When a resident moves into a condominium, they may have an idea of what to expect as they join their local Condominium Owners Association (COA). This could be the payment of assessments for maintenance and building policies. However, life sometimes gets hectic which makes it hard to fulfill financial obligations. This is one of the […]
New law will make it tougher for Colorado HOAs to foreclose on homes
Colorado homeowners associations will have a tougher time foreclosing on their residents for unpaid debt starting in August. House Bill 1337, signed by Gov. Jared Polis in early June, creates new hurdles for HOAs before they can file for foreclosure and limits how much associations can charge in attorney fees when they are trying to […]
Georgia homeowners share nightmarish legal brawls
Georgia residents who have faced foreclosure proceedings and, in at least one case, lost their house to their homeowners association detailed frustrating conflicts stemming from what they described as an abuse of power. Read the article…………………………….
California appellate court upholds ruling on debt collection practices
Recently, the California Court of Appeal for the First Appellate District upheld a ruling against a defendant and its related entities. Plaintiff had filed a class action lawsuit against the defendants, alleging that they had violated the FDCPA and California’s Unfair Competition Law (UCL) in their debt collection practices related to homeowners’ association (HOA) assessments. […]
Condo owner says others not paying their fair share (NV)
Q: (My) condo complex has 440 units. Currently, 20 percent of homeowners do not pay their homeowners association fees. This has been going on for years. Foreclosure has only now been implemented on two units. (There are) 69 homeowners in this community who don’t pay their fees. Again, only two of those are facing foreclosure. […]
Using mediation to resolve HOA foreclosure disputes (CT)
Foreclosure can be tough for everyone involved, especially within a Homeowners Association (HOA). When foreclosure is looming, both community relationships and financial stability are at risk. In such cases, mediation can be a powerful, less aggressive and more cost-effective solution compared to court proceedings. Read the article…………………………….
Minnesota lawmakers pass reforms to property forfeiture law
The high court decided Hennepin County violated the constitutional rights of Geraldine Tyler, a Minneapolis resident in her 90s. Hennepin County sold Tyler’s condo for about $25,000 more than she owed in property taxes and fees, and kept the difference. The Supreme Court ruled she was entitled to the excess money. As a result lawmakers […]
Can a Co-Op Board Make Autopay Mandatory for a Deadbeat Shareholder? (NY)
A board member at a 10-unit Harlem co-op has a problem and a question. The problem is that one of the 10 shareholders never pays his monthly maintenance on time, which, in such a small building, puts a strain on the other nine shareholders. The two-pronged question is: Can the board require the deadbeat to […]