Dues and Assessments

$147.00 HOA Assessment Ends with HOA Judgment for Over $10,000.00 Plus Additional Attorney Fees This case involved a dispute between homeowners ("Owners") and their homeowners association ("Association") over Association's claim for unpaid assessments and the imposition of a lien on Owners' property without first providing Owners with an opportunity for ...

AK Bk Ct Says Homeowner Can't Discharge Debts for HOA Dues After Filing of Bk This case involved the issue of whether homeowners’ association fees and assessments that accrued after a homeowner had filed a Chapter 13 bankruptcy were dischargeable. The homeowner had purchased a property in a development governed ...

Appellate Court Says HOA Debt Collection Letters Must Satisfy “The Least Sophisticated Debtor” Test Ninth Circuit U.S. Court of Appeals opinion (January 13, 2017). This case involved a dispute between a homeowner (“Homeowner”) and the attorneys for her homeowners’ association (“Association”), who were attempting to collect unpaid dues that were ...

Association and Homeowner Fight Over Plumbing Bill Liability This case involved a dispute between a condominium owner (“Owner”) and her homeowners’ association (“Association”) over who was responsible for the payment of a $725.00 plumbing bill incurred for the repair of a leak. This content is for Subscribers. To continue reading, ...

Association is Subject to Liability for Publishing “Deadbeat List” This case involved a dispute between a condominium owner (“Owner”) and her condominium association (“Association”) over Association’s right to publish Owner’s name and the amount of delinquent assessments she owed Association on a “deadbeat list” that was posted in the community ...

Association’s Assessments for Charges Not “Expressly Authorized” by Declaration Were Inappropriate This case involved a dispute between homeowners (“Owners”) and their property owners’ association (“Association”) over an assessment that was imposed by Association against all lot owners to fund the cost of annual inspections of owners’ lots to ensure that ...

Association’s Failure to Perform Its Duties is No Defense to Action Against Owner for Nonpayment of Assessments This case involved a dispute between a condominium owners association (“Association”) and a unit owner (“Owner”) over Owner’s non-payment of her share of common expenses and claims by Owner that Association lacked “capacity” ...

Bankruptcy Court Removes Valueless HOA Assessment Lien that Was Not Properly Perfected by Lawrence Szabo, Esq. | Jun 13, 2014 US Bankruptcy Court – Eastern District of Virginia (June 10, 2014). Bankruptcy debtor (homeowner) filed action in bankruptcy court to determine the validity, priority or extent of liens asserted by ...

Bankruptcy Court Says Ongoing HOA Assessments are Dischargeable by Lawrence Szabo, Esq. | Oct 2, 2014 US Bankruptcy Court decision (September 25, 2014): In this case, the owners of a condominium located within a common interest community stopped paying their mortgage and homeowners assessments and abandoned their property. They subsequently ...

CA Court Prevents Foreclosure & Enforces HOA Member’s Right to Payment Plan to Cure Delinquency by Lawrence Szabo, Esq. | Jan 19, 2014 California Appellate Court (January 13, 2014) ruled that the legislative intent behind Civil Code 1367.1 allows for partial payments to pay down delinquent assessments, and limits the ...

CA Court Says No to Foreclosure by HOA, Yes to Payment Plan by Member An HOA member ("Owner" ) failed to pay applicable homeowner's association fees. A year and a half later, the association notified Owner that he was $3,864.96 delinquent and recorded a lien against Owner's property. Prior to ...

California Court Says Lender that Delays Foreclosure for “Strategic” Reasons is Not Liable for Unpaid HOA Assessments In this case, a homeowners association (“Association”) filed suit against lenders holding liens on a homeowner’s property seeking to recover unpaid HOA assessments owed by the homeowner. Association sought to impose liability on ...

Can HOA Foreclose after Delinquent Assessments are Paid? This case involved a dispute between a homeowners’ association (“Association”) and a homeowner member of Association (“Owner”) over Association’s right to foreclose on its lien on Owner’s property which resulted from unpaid assessments. This content is for Subscribers. To continue reading, you ...

Complying With Debt Collection Laws When Collecting HOA Assessments A vital function of the operations of a homeowners association is getting their owner-members to pay assessments on a regular and timely basis. The timely and consistent collection of assessments by associations managed by volunteer boards is impacted by state and ...

Court Decides Who is Responsible for 4 Million Special Assessment This case involved a dispute between a group of condominium owners ("Owners") and their homeowners association ("Association") over Owners' responsibility to pay their share of a special assessment levied against all homeowners to cover the more than $4 million dollar ...