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New Jersey Court Finds Residual Beneficiary of Homeowner’s Estate is Not Liable for HOA Assessments

New Jersey Court Finds Residual Beneficiary of Homeowner’s Estate is Not Liable for HOA Assessments

by Lawrence Szabo, Esq. | Jul 11, 2014 | Case Decisions, Dues and Assessments

UNPUBLISHED New Jersey Appellate Court decision (July 8, 2014). A homeowners association sought to collect unpaid assessments that accrued after the death of a homeowner against the homeowner’s surviving daughter who was the “residuary beneficiary”...
New Jersey Court Finds Residual Beneficiary of Homeowner’s Estate is Not Liable for HOA Assessments

Project’s Principal Architect Owes Duty To Future Homeowners Even If Client Makes Ultimate Decisions

by Lawrence Szabo, Esq. | Jul 5, 2014 | Case Decisions, Construction Defects

California State Supreme Court decision (July 3, 2014). A homeowners association sued a the project developer and various other parties including two architectural firms on behalf of its members over construction design defects that allegedly make the homes unsafe and...
New Jersey Court Finds Residual Beneficiary of Homeowner’s Estate is Not Liable for HOA Assessments

US Dist Ct Won’t Review State Court Foreclosure Judgment in Favor of HOA

by Lawrence Szabo, Esq. | Jun 16, 2014 | Case Decisions, Ownership and Transfer of Interest, Uncategorized

Illinois US District Court decision (June 13, 2014). Plaintiffs brought suit against an HOA in federal court seeking to challenge a state court foreclosure judgment and to litigate other issues that were never raised in the state court proceeding. The HOA sought to...
New Jersey Court Finds Residual Beneficiary of Homeowner’s Estate is Not Liable for HOA Assessments

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

by Lawrence Szabo, Esq. | Jun 13, 2014 | Case Decisions, Dues and Assessments

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 her HOA against her property. In the action, the...
New Jersey Court Finds Residual Beneficiary of Homeowner’s Estate is Not Liable for HOA Assessments

Florida Court Says HOA Cannot “Piggyback” Lien Claims in Foreclosure Action for Unpaid Assessments

by Lawrence Szabo, Esq. | Jun 13, 2014 | Case Decisions, Dispute Resolution

Florida Appellate Court decision (June 11, 2014): HOA foreclosure action against a unit in the association now owned by an heir of the member. The lower court granted summary judgment of foreclosure for unpaid assessments. The heir filed the appeal contending that it...
New Jersey Court Finds Residual Beneficiary of Homeowner’s Estate is Not Liable for HOA Assessments

CA Ct. Says HOA that Dismissed Case is Entitled to Attorney Fees Because it “Got What it Wanted.”

by Lawrence Szabo, Esq. | May 31, 2014 | Case Decisions, Dispute Resolution

Unpublished California Appellate Court decision (May 28, 2014). This case involved an appeal by a homeowner from a lower court judgment that awarded a homeowners association legal fees as the prevailing party in a case against the homeowner. The homeowners association...
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