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.

Suspension of Member Rights For Violation of Governing Documents Can Help to Achieve Compliance

/ Dues and Assessments
Suspension of Member Rights For Violation of Governing Documents Can Help to Achieve Compliance Common problems experienced by homeowners associations include the non-payment of delinquent assessments owed by association members and violations of association rules or provisions contained in the association’s conditions, covenants and restrictions (“CC&Rs” ). Traditional enforcement methods ...
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Texas Ct Says HOA Has Right to Foreclose Its Lien on the Homes of Delinquent Owners

Texas Ct Says HOA Has Right to Foreclose Its Lien on the Homes of Delinquent Owners In this case, a homeowners association (“Association”) filed suit against a homeowner seeking to recover unpaid assessments and attorney’s fees. The action filed by the Association also sought a judgment for the foreclosure of ...
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There is No Justification for Homeowners Refusing to Pay HOA Assessments

/ Dues and Assessments
There is No Justification for Homeowners Refusing to Pay HOA Assessments Notwithstanding the fact that the payment of homeowner assessments is critical to the financial survival of a homeowners association, the collection of those assessments is an ongoing challenge for association management personnel. While at times it may appear that ...
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Tis The Time For Creating a New Annual Budget for Your HOA

/ Dues and Assessments
Tis The Time For Creating a New Annual Budget for Your HOA Each New Year brings on new challenges and responsibilities for homeowners association boards of directors. One of the most important annual functions is the adoption of a budget for the association’s projected income and expenses during the next ...
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U.S. Appellate Court Says Federal Bar on Nonconsensual HOA Foreclosures Preempts State Law

/ Dues and Assessments
U.S. Appellate Court Says Federal Bar on Nonconsensual HOA Foreclosures Preempts State Law This case involved an HOA foreclosures dispute between the purchaser of a property at a foreclosure sale and the Federal Home Loan Mortgage Corporation (“FreddieMac”) over the validity of FreddieMac’s lien on the property that was purchased ...
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U.S. Bankruptcy Court Says HOA Lien Gets Limited Priority in Chapter 13

U.S. Bankruptcy Court Says HOA Lien Gets Limited Priority in Chapter 13 In this case, husband and wife homeowners were the debtors in a Chapter 13 bankruptcy proceeding. At the time of the filing of the Chapter 13, the debtors owned a condominium and were part of a homeowners association ...
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Using Small Claims Court to Pursue the Collection of Delinquent HOA Assessments

/ Dues and Assessments
Using Small Claims Court to Pursue the Collection of Delinquent HOA Assessments Homeowners associations (“HOAs” ) have various avenues to pursue the collection of delinquent HOA assessments from homeowners. One alternative that can be very effective and which is often avoided by HOAs is to file an action against the ...
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W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments

W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments This case involved a dispute between a homeowners association (“HOA”) that was created as a West Virginia Limited Expense Planned Community under West Virginia law, and various homeowners who had failed to pay their share ...
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WA Court Says HOA’s Action Re Assessments Did Not Require Member Ratification

WA Court Says HOA’s Action Re Assessments Did Not Require Member Ratification This case involved a dispute over the process required within a homeowners association (“Association”) for the approval of dues and assessments. A group of homeowners initially brought suit seeking a declaratory judgment and injunctive relief against the Association ...
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WI Sup Ct Invalidates HOA Policy That Revived a Lien Eliminated by a Foreclosure Sale

WI Sup Ct Invalidates HOA Policy That Revived a Lien Eliminated by a Foreclosure Sale This case involved a dispute between a lender, who obtained title to a condominium through a judicial foreclosure sale, and a homeowners association (“Association”) over the enforceability of an Association policy that forbids subsequent unit ...
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