Ownership and Transfer of Interest

The “Ownership and Transfer of Interest” category contains articles of information on topics relating to the ownership and transfer of a homeowner’s separate interest in a common interest development.

Appellate Court Rejects Class Action Claims Against HOA Management Companies Over Transfer Fees

Appellate Court Rejects Class Action Claims Against HOA Management Companies Over Transfer Fees A California Court of Appeal issued a decision clarifying a community association manager’s ability to charge transfer fees upon a change of ownership. The appellate court rejected potential class action claims against a management company for charging ...
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Bankruptcy Court Says HOA Foreclosure Sale Stands Due to Late Filing of Chapter 11 by Property Owner

US Bankruptcy Court, Eastern District of New York decision (January 6, 2015) In this case, the owner of property sought to have a foreclosure sale conducted by the community homeowners association approximately two and one-half hours prior to the filing of a Chapter 11 bankruptcy set aside by virtue of ...
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Dealing With Tenant Violations of HOA Rules

Dealing With Tenant Violations of HOA Rules A common problem that is addressed by homeowners’ association management personnel pertains to dealing with rules violations by tenants of homeowners. Unfortunately, statistics show that renters tend to violate homeowners association rules more frequently than owners. The likely reasons for this is that: ...
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Documents That Should Be Reviewed and Approved Prior to Purchasing a Property in a Common Interest Community

Documents That Should Be Reviewed and Approved Prior to Purchasing a Property in a Common Interest Community When a person enters into an agreement to purchase a property that is part of a common interest development it is critical that they obtain, review and approve certain documentation pertaining to the ...
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Don’t Blindly Rely on Your Realtor to Evaluate an Association That You Are Buying Into

Don't Blindly Rely on Your Realtor to Evaluate an Association That You Are Buying Into Many prospective buyers of properties that are located within a common interest development blindly rely on their real estate agent to thoroughly review the association’s finances and other documents that they are supposed to review ...
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Federal Act Provides Mechanism for Purchasers and Lessees to Revoke Contracts Under Some Circumstances

Federal Act Provides Mechanism for Purchasers and Lessees to Revoke Contracts Under Some Circumstances A United States District Court of Appeals in New York reversed lower court’s ruling which granted summary judgment in favor of the purchasers of luxury condominium unit in New York City who were seeking revocation of ...
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FL Ct Says Lender Was Assignee by Operation of Law & Has Limited Liability for Unpaid Assessments

Florida District Appellate Court decision (December 5, 2014). This case involved claims by a foreclosing mortgage lender that it was entitled to limited liability under Florida's safe harbor statutes for a homeowners association's past unpaid assessments against the condominium that the lender had foreclosed on. The lower court found the ...
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Florida Court Says Homeowner Not Entitled to Redeem Property Following HOA Lien Foreclosure Sale

Florida Court Says Homeowner Not Entitled to Redeem Property Following HOA Lien Foreclosure Sale This case involved an appeal by a homeowners association of a trial court ruling that granted a homeowner the right to redeem its property after the association had taken title by way of a foreclosure sale ...
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Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner

Florida District Court of Appeals decision (November 14, 2014). This case involved an appeal by an absentee homeowner of a lower court’s default judgment allowing the homeowner’s HOA to foreclose its lien for unpaid maintenance assessments and sell the homeowner’s property. After unsuccessful attempts to serve the homeowner with the ...
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HOA Amendment of CC&Rs Restricting Owner Rental Rights was Valid

HOA Amendment of CC&Rs Restricting Owner Rental Rights was Valid This case involved a dispute between a homeowner (“Owner”) and a homeowners’ association (“Association”) over the enforceability of an amendment to the Association’s CC&Rs that imposed a restriction on homeowners’ rights to rent their units. When Owner purchased his unit ...
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HOA Issues Can Impact the Ability to Obtain Financing and Thwart Sales of Homeowner Properties

HOA Issues Can Impact the Ability to Obtain Financing and Thwart Sales of Homeowner Properties Selling a condominium or a home that is part of a homeowners association involves lender inquiries into the business affairs of the homeowners association itself, and not just the intended borrower who is looking to ...
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Holder of Note and Mortgage Had Standing to Pursue Foreclosure Action

Holder of Note and Mortgage Had Standing to Pursue Foreclosure Action In this case, in 2006  homeowners executed a promissory note secured by a mortgage on their property in favor of Option One Mortgage.  The homeowners defaulted and, subsequent to the default, the original lender assigned the note to another party, Liquidation ...
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Illinois Court Strikes Down HOA’s Amendment to CC&Rs that Sought to Prohibit Owner Leasing of Units

Illinois Court Strikes Down HOA's Amendment to CC&Rs that Sought to Prohibit Owner Leasing of Units The plaintiff in this action filed suit against her HOA to challenge an amendment to the Association’s restrictive covenants that, in part, prohibited homeowners from leasing their residences. The plaintiff had owned and leased ...
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Illinois Ct. Throws Out HOA Rules Which Limited the Number of Units That Could be Leased to Tenants

Illinois Ct. Throws Out HOA Rules Which Limited the Number of Units That Could be Leased to Tenants This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) over Owners’ right to lease their condominium unit to a non-owner tenant. Association’s governing documents (the declaration) contained ...
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Iowa Sup Ct Rules Foreclosing Lender Cannot Sue Builder for Claims Based on Implied Warranty

Iowa Sup Ct Rules Foreclosing Lender Cannot Sue Builder for Claims Based on Implied Warranty In this case, a bank acquired title to an apartment complex by accepting a deed in lieu of foreclosure. The bank subsequently discovered that the property was mold-infested and filed suit against the builder of ...
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