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Homeowners’ HOA Dues Accruing After Filing of Chapter 13 Were not Dischargeable

Homeowners’ HOA Dues Accruing After Filing of Chapter 13 Were not Dischargeable

by Lawrence Szabo, Esq. | Jan 25, 2016 | Case Decisions, Dispute Resolution, Dues and Assessments

UNPUBLISHED United States Bankruptcy Appellate Panel of the Ninth Circuit decision (December 1,2015). In this case, a husband and wife attempted to discharge their liability for over $26,000 in unpaid homeowners’ association dues on an investment condominium that they...
Homeowners’ HOA Dues Accruing After Filing of Chapter 13 Were not Dischargeable

Arizona Court Rules Homeowner Must Comply with CC&Rs

by Lawrence Szabo, Esq. | Dec 23, 2015 | Case Decisions, Dispute Resolution, Governing Documents

UNPUBLISHED Arizona Appellate Court decision (December 10, 2015). This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over an addition that Owners constructed to their separate interest...
Homeowners’ HOA Dues Accruing After Filing of Chapter 13 Were not Dischargeable

R.I. Supreme Court Says HOA Lien Foreclosure Sale Extinguished Lender’s First Mortgage

by Lawrence Szabo, Esq. | Dec 10, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments

Supreme Court of Rhode Island decision (December 4, 2015). In August of 2011, the plaintiff in this action purchased a condominium at a foreclosure sale conducted by a condominium association as a result of the non-payment of association assessments by the former...
Homeowners’ HOA Dues Accruing After Filing of Chapter 13 Were not Dischargeable

West Virginia Ct. Articulates Factors for Determining Reasonableness of Attorney Fees Awarded to HOA

by Lawrence Szabo, Esq. | Dec 3, 2015 | Case Decisions, Dispute Resolution

West Virginia Supreme Court of Appeals decision (November 6, 2015). This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) who had constructed a fence on a portion of the common area property...
Homeowners’ HOA Dues Accruing After Filing of Chapter 13 Were not Dischargeable

Florida Ct. Says Both HOA and Owners Were Prevailing Parties and Both Are Awarded Attorney Fees

by Lawrence Szabo, Esq. | Dec 2, 2015 | Case Decisions, Dispute Resolution

Florida Appellate Court decision (November 18, 2015). In this case, a homeowners association (“Association”) sued two owners of a condominium unt within the Association (“Owners”) for injunctive relief under Florida state laws. The action was...
Homeowners’ HOA Dues Accruing After Filing of Chapter 13 Were not Dischargeable

Illinois Ct. Says Owners’ Day-Care Business is Not a Prohibited Commercial Activity

by Lawrence Szabo, Esq. | Nov 6, 2015 | Case Decisions, Dispute Resolution, Governing Documents

Appellate Court of Illinois, Third District, decision (November 4, 2015). In this case, a homeowners association (“Association”) filed an action against two different sets of homeowners (“Owners”) in an effort to prevent the Owners from...
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