Dist. Ct. Rules HOA Action to Collect Fine is Not Violation of Fed & State Debt Collection Laws
U.S. District Court, Northern California District, decision (November 21, 2014). An HOA imposed fines against the owners of a separate […]
Dues and Assessments
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
Ct Says HOA That Did Not Record Lien Cannot Be Classified as a Secured Creditor in Bankruptcy
US District Appellate Court decision (November 21, 2014). In this case, a homeowner in a common interest development filed a
NV Dist Ct Says HOA Collection Agent Violation of FDCPA was Excusable as Bona Fide Error
Nevada US District Court decision (October 31, 2014). A collection agency for a Nevada homeowners association mistakenly sent a homeowner
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Mass. Ct. Says HOA Priority Lien Status is Limited to a Total of Six Months
Massachusetts Appellate Court decision (November 7, 2014) Homeowners withheld payment of monthly HOA dues because of a dispute with their
Mass. Ct. Says HOA Priority Lien Status is Limited to a Total of Six Months Read More »
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
Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner Read More »
Imposing Fines and Penalties for Homeowner Violations of Governing Documents
Homeowners associations that intend to impose fines or monetary penalties for violations of the association’s governing documents (including rules) by
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Bankruptcy Court Says Ongoing HOA Assessments are Dischargeable
US Bankruptcy Court decision (September 25, 2014): In this case, the owners of a condominium located within a common interest
Bankruptcy Court Says Ongoing HOA Assessments are Dischargeable Read More »
NV Supreme Ct Upholds Decision Giving HOA Lien Priority Over $885,000 First Trust Deed
Nevada State Supreme Court decision (September 18, 2014): The Nevada State Supreme Court has ruled that a homeowners association’s foreclosure
NV Supreme Ct Upholds Decision Giving HOA Lien Priority Over $885,000 First Trust Deed Read More »
New Jersey Court Finds Residual Beneficiary of Homeowner’s Estate is Not Liable for HOA Assessments
UNPUBLISHED New Jersey Appellate Court decision (July 8, 2014). A homeowners association sought to collect unpaid assessments that accrued after
