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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Bankruptcy Court Removes Valueless HOA Assessment Lien that Was Not Properly Perfected

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 ...
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Bankruptcy Court Says Ongoing HOA Assessments are Dischargeable

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 ...
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CA Court Prevents Foreclosure & Enforces HOA Member’s Right to Payment Plan to Cure Delinquency

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 ...
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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 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 ...
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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 This case involved a dispute between a homeowners association (“Association”) and a homeowner (“Owner”) over the HOA fee collection for Attorney Fees, Late Fees, and interest that the  Owner was responsible for after Association took action to ...
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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 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 property. Association filed an action against Owner ...
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Court Says HOA Member has Right to Criticize HOA

Court Says HOA Member has Right to Criticize HOA This case involved a dispute between a homeowners association ("Association") and a homeowner member ("Owner") over: (i) The imposition of fines against Owner for the purpose of penalizing him for expressing his opinions about Association's management practices; (ii) Claims by Owner ...
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Court Says HOA’s “Emergency” Assessment of $1.01 Million was Proper

Court Says HOA's "Emergency" Assessment of $1.01 Million was Proper This case involved a dispute between a condominium owner ("Owner") and her homeowners association ("Association") over Association's right to impose a $1.01 million dollar special assessment on Association's members to remediate the 90 balconies attached to homeowners' units.  In an ...
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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 Says HOA That Did Not Record Lien Cannot Be Classified as a Secured Creditor in Bankruptcy

Ct Says HOA That Did Not Record Lien Cannot Be Classified as a Secured Creditor in Bankruptcy by Lawrence Szabo, Esq. | Dec 5, 2014 US District Appellate Court decision (November 21, 2014). In this case, a homeowner in a common interest development filed a Chapter 13 bankruptcy. The homeowners ...
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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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