Dues and Assessments

The “Dues and Assessments” category contains articles of information that pertains to topics relating to a homeowner association’s dues and assessments policies and procedures.

AK Bk Ct Says Homeowner Can’t Discharge Debts for HOA Dues After Filing of Bk

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 ...
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Appellate Court Says HOA Debt Collection Letters Must Satisfy “The Least Sophisticated Debtor” Test

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 ...
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CA Court Says No to Foreclosure by HOA, Yes to Payment Plan by Member

/ Dues and Assessments
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 ...
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California Court Says Lender that Delays Foreclosure for “Strategic” Reasons is Not Liable for Unpaid HOA Assessments

/ Dues and Assessments
California Court Says Lender that Delays Foreclosure for “Strategic” Reasons is Not Liable for Unpaid HOA Assessments UNPUBLISHED California Appellate Court decision (September 15, 2017). In this case, a homeowners association (“Association”) filed suit against lenders holding liens on a homeowner’s property seeking to recover unpaid assessments owed to Association ...
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Complying With Debt Collection Laws When Collecting HOA Assessments

/ Dues and Assessments
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 ...
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Court Limits Amount of Interest, Late Fees, and Attorney Fees HOA Can Collect

Court Limits Amount of Interest, Late Fees, and Attorney Fees HOA Can Collect Louisiana Appellate Court Decision (October 18, 2017). This case involved a dispute between a homeowners association (“Association”) and a homeowner (“Owner”) over the amount of interest, late fee charges, and attorney’s fees Owner was responsible for after ...
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Court Reverses Trial Court’s Award of Daily Damages Against Owner

Court Reverses Trial Court’s Award of Daily Damages Against Owner Arizona Appellate Court decision (October 26, 2017). The case involved a dispute between a homeowners association (“Association”) and a homeowner (“Owner”) over Owner’s alleged violations of Association’s governing documents with regard to the manner in which Owner was maintaining her ...
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Court Says Owner Must Pay Maintenance Fees But Has Claim for Damages against Homeowners Association

/ Dues and Assessments
Court Says Owner Must Pay Maintenance Fees But Has Claim for Damages against Homeowners Association This case involved a dispute between a homeowners association (“Association”) and an individual condominium owner /member of Association (“Owner”) over Owner’s refusal to pay monthly assessments because of a dispute over the lack of maintenance ...
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Ct. Rules HOA Failure to Maintain Does Not Justify Homeowner’s Nonpayment of Dues

Ct. Rules HOA Failure to Maintain Does Not Justify Homeowner’s Nonpayment of Dues This case involved a dispute between a homeowners’ association (“Association”) and husband and wife homeowners (“Homeowners”) over the nonpayment of association dues by Homeowners. The action was precipitated by Homeowners’ failure to pay the dues owed to ...
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Ct. Rules Homeowner “Waiver” of Order of Application of Funds Paid per Payment Plan is Void

Ct. Rules Homeowner “Waiver” of Order of Application of Funds Paid per Payment Plan is Void In this case, a homeowner that was delinquent in the payment of homeowners’ dues, contested the actions of the association’s attorney / collection agent relative to enforcing the outstanding debts. Initially, when the matter ...
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Dist. Ct. Rules HOA Action to Collect Fine is Not Violation of Fed & State Debt Collection Laws

Dist. Ct. Rules HOA Action to Collect Fine is Not Violation of Fed & State Debt Collection Laws An HOA imposed fines against the owners of a separate interest in the homeowners association for their violation of the HOA’s governing documents that prohibit the renting of the subject property. The ...
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