Law Firm Can Seek Sanctions for Frivolous Filings After Judgment (GA)

A Georgia federal court misread Eleventh Circuit’s recent precedents when it dismissed a law firm’s postjudgment motions seeking sanctions for frivolous filings in a dispute over fair debt collection practices, the appeals court ruled Tuesday.  Read the article…………………….

HOA Lien Procedures Explained (FL)

Q: There has been confusion on my HOA board regarding when the association can record a lien against a delinquent owner. I thought we could lien after 45 days, but our manager says we must give a warning letter first. Is this correct?  Read the Q&A……………………………….

Statute of Limitations

Assessments are an important factor in any HOA, funding day-to-day operations, repairs and improvements, and the association’s reserves. When homeowners pay their assessments on time, it not only helps make the board members’ lives easier but also benefits the community as a whole.  Read the entire article……………………………….

What Not To Do When Collecting from Military Homeowners

Absentee homeowners are a fact of life in homeowners and condo associations. Snowbirds and vacation homes can be found all over the country, and so can deployed active duty military homeowners. Every day, brave men and women across the country, many of whom have their primary residence in an HOA or condo association, are sent […]

HOA Collection Policy: How To Make And Enforce It

An HOA collection policy is integral to the success of any homeowners association. Without such a policy in place, board members will find it difficult to collect past-due fees, thereby putting the association at risk of financial ruin.  Read the entire article……………………………….

Delinquent Homeowner Checks: What to Look For

When an Owner becomes delinquent, and the file is transferred to the attorney for collections, the Owner should begin sending their checks to the law firm for processing. The Owner is advised in writing that the checks are to be mailed to the law firm and not the management company.   Read the entire article……………………………….

HOA Debt Collection: Is The HOA Taking Advantage?

Consumers are protected by certain laws when it comes to debt collection. Chief among them is the federal Fair Debt Collection Practices Act. But, does this law apply to homeowners associations, too?  Read the entire article……………………………….

Associations Assignment Authority to Management Agent Confirmed (FL)

In Seaside Town Council v. Seaside Community Development Corp, 1D19-755 (Fla. 1st DCA 2021), Florida’s First District Court of Appeal (“DCA”) reversed the trial court’s judgment in favor of Seaside Community Development Corp. (“Developer”) holding that Seaside Town Council (“STC”), as the management agent with assignment of enforcement right by the associations, had standing to […]

How Russian Sanctions Affect the Collection Procedures and the Administration of Co-ops & Condos (NY)

The sweeping economic sanctions spawned by Russia’s invasion of Ukraine impact co-op and condo operations in terms of admissions and collection procedures and the administration of certain services to building residents. This is because conducting business with foreign nationals or entities who are subject to the sanctions could expose an association to enforcement proceedings by […]

Understand Your HOA Collections Process (GA)

Setting up an HOA collections process is one of the most important things a Board needs to do to maintain financial responsibility of the community association. While we always hope everyone will just pay homeowner’s association dues, you need to know what to do if someone can’t or won’t pay their dues.   Read the entire […]

Michigan Court Of Appeals Confirms Need To Pay Condo Dues

In Frye v. Golfpointe Village Condominium Association, ____ Mich. App _____, No. 355864 (2022), the Michigan Court of Appeals affirmed a trial court’s decision granting the Association summary disposition in a case where a Co-owner challenged the Association’s foreclosure action.   Read the entire article……………………………….

How to Collect Delinquent Homeowners Association Fees (GA)

Delinquent homeowners association fees are a reality that most associations have to manage. While it can be a hassle, the HOA usually has several available options to collect, including recording liens against the property, filing suit and obtaining a judgment against the homeowners, and, in some cases, foreclosing on the property.   Read the entire article……………………………….

Should Delinquent Owners Voting Rights Be Revoked?

One of the thorniest issues to tackle in an HOA is homeowners in delinquency – not paying their dues or being significantly behind on dues payments. The community and owner dues are two sides of the same coin. The community cannot maintain the grounds, amenities, or sidewalks without yearly owner dues.   Read the entire article……………………………….

How to Collect Delinquent Homeowners Association Fees (GA)

Delinquent homeowners association fees are a reality that most associations have to manage. While it can be a hassle, the HOA usually has several available options to collect, including recording liens against the property, filing suit and obtaining a judgment against the homeowners, and, in some cases, foreclosing on the property.   Read the entire article……………………………….

Can A Home Owner’s Association Legally Take Your House In NY

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 […]

Help! We Have a Homeowner Not Paying Assessements. What Do We Do? (CO)

At some point, most boards will experience a homeowner not paying assessments. Sometimes it’s just one, and sometimes it’s several homeowners, but regardless, this can be an uncomfortable situation for the board. Even though the delinquent homeowners are your neighbors, making sure that all homeowners pay their assessments and taking action when they don’t is […]

Mandatory Information on HOA Delinquency Notices (CO)

As managers and board of directors know, associations are required to follow the collection policy for each association. The association’s collection policy is the document that outlines the process for how collections are handled. Each policy will outline how many Notices are sent prior to an owner’s account being turned over to legal counsel.    […]

What You Need to Know About Lien Priority Under the Michigan Condominium Act

The Michigan Condominium Act provides that sums assessed to a co-owner’s unit constitute a lien on the unit at the time they are assessed. If condo assessments remain unpaid, condominium associations typically record a notice of lien against the subject unit to perfect the security interest and put others on record notice. At a minimum […]

Florida’s Safe Harbor – Calculating Bank Liability for Delinquent Assessments After Foreclosure of Multiple Condominium Units

The real estate market has seen a tremendous influx of large companies purchasing multiple units and lots within an association, and addressing delinquencies that began prior to transfer of title can be complicated. Just as Florida statutes layout the process by which associations can collect unpaid assessments from current owners, it also regulates how outstanding […]

The “Validation Notice” and Complying with New FDCPA Regulations

If your association refers delinquent accounts to our firm (or any other law firm or collection agency), you may notice a few changes to debt collection policies and procedures, such as references in collection status reports to sending a “validation notice” as the first written communication sent to a debtor. Why? Because on November 30, […]

60 Green Valley Ranch homes facing possible foreclosure by HOAs and metro district (CO)

It is a foreclosure nightmare for many in some Green Valley Ranch neighborhoods.  At least 60 families are facing losing their homes after their two homeowners associations and a metro district began the foreclosure process on them.  Some owners said they had no idea they were about to lose their homes.   Read the entire article……………………………….

Recent Changes to the Fair Debt Collection Practices Act

The Consumer Financial Protection Bureau (“CFPB”) recently adopted a new Final Rule that amends Regulation F, 12 C.F.R. part 1006, which implements the Fair Debt Collection Practices Act (“FDCPA”). These are Federal rules governing certain activities of debt collectors, as that term is defined in the FDCPA. This is applicable to community associations because law […]

Assessment collection policy needs update (MI)

Q: Our community association has historically only pursued assessment collection to the point of recording a lien on the delinquent owner’s property, and no further action is taken after that. I was just elected to the board, and I’m thinking maybe we need to do more, am I right?    Read the Q&A………………………………….

Suspension of gate use questioned (FL)

Q: We live in a gated community. Recently, the board has begun voting at its meetings to suspend the automatic gate access of owners who are delinquent in their assessments. While I support aggressive collection efforts by the association, I am worried that this type of suspension exposes the association to risks. Is a homeowners’ […]

Dickson v. Century Park E. Homeowner’s Ass’n (CA)

An owner sued an association alleging violation of the Rosenthal Act. The court determined that an association is not a debt collector under the Rosenthal Act because it does not collect “consumer debt,” as that term is defined by the Rosenthal Act; assessments are not “consumer credit transactions.”   Read the entire article……………………………….

Collecting HOA Assessments After Disaster – A Closer Look (CO)

The recent Marshall fire that ravaged Boulder County destroyed nearly 1,000 homes. In the face of the most destructive fire in Colorado history, many of those affected are now dealing with what to do in the aftermath. Rebuilding their homes (and their lives after loss) takes a community.    Read the entire article……………………………….

What Is HOA Bad Debt? Is Exposing HOA Debtors Legal?

Just like any other organization, homeowners associations can also suffer from bad debt. But, what exactly does HOA bad debt look like? And would exposing the association’s debtors solve its problems?   Read the entire article……………………………….

Statute of limitations for delinquency actions is five years (FL)

Q: My mother, who owned a condominium, recently passed away, and afterward I received a notice of late assessment in her mailbox. In speaking to the new management company they claim to have found that the previous management company was missing a payment my mother should have made over four years ago. My mother never […]

7 Consequences Of Delinquent HOA Dues

Homeowners are not the only ones who suffer the consequences of delinquent HOA dues. The association itself can face a lot of problems, too. When left unresolved, these problems can spiral and compound until the association is left with nothing to its name.   Read the entire article……………………………….

Foreclosures—Why Do They Take So Long? (CO)

Foreclosure is generally a last resort to collect delinquent balances, and boards understandably have many questions about the process. The purpose of this article is to explain and answer questions about why foreclosures take a long time to complete.   Read the entire article……………………………….

Who is Responsible for Assessments when a Homeowner Passes Away? (MN)

The American population is getting older. It is an unfortunate aspect of life, however, aging is one of life’s few certainties. The United States Census Bureau estimates nearly 1 in 5 Americans will be age 65 or older by 2030. This is somewhere in the realm of 70 million people. The Foundation for Community Association […]

Best Way to Get Past-Due Condominium Assessment Fees Paid! (MI)

Unfortunately, some condominium co-owners feel that they’re above the bylaws and continue to leave their assessment fees unpaid. If you on a condominium association’s board of directors and want to clean-up any delinquencies, there are steps that you can take.    Read the entire article……………………………….

What Is An HOA Lien? What Does It Mean?

It is important for homeowners associations to utilize collection actions when members default on their dues and assessments. This is where an HOA lien on the property comes in handy.   Read the entire article……………………………….

Condominium Associations Should Have Written Collection Policies & Procedures (FL)

The 2021 legislative session brought some significant changes to the Condominium Act, the Cooperative Act, and the Homeowners Association Act. These changes went into effect on July 1, 2021, and many of them impacted the collections and foreclosure process for community associations.   Read the entire article……………………………….