by Lawrence Szabo, Esq. | May 2, 2017 | Dues and Assessments, Finances
A basic duty that is imposed on virtually all homeowners associations by state laws and/or governing documents is the duty to maintain the association’s common areas. As the association is merely a legal entity or vehicle for the association to conduct its business,...
by Lawrence Szabo, Esq. | Apr 17, 2017 | Dues and Assessments, Finances
Studies show that there are a growing number of homeowners associations that ignore reserve funding requirements and as a result, fail to maintain the required level of reserve funds to properly maintain, repair, and replace common areas within the common interest...
by Lawrence Szabo, Esq. | Apr 1, 2017 | Case Decisions, Dispute Resolution, Dues and Assessments
U.S. Bankruptcy Court, Eastern District of Arkansas Little Rock Division, decision (July 21, 2015). This case involved the issue of whether homeowners’ association fees and assessments that accrued after a homeowner had filed a Chapter 13 bankruptcy were...
by Lawrence Szabo, Esq. | Jan 22, 2017 | Case Decisions, Dispute Resolution, Dues and Assessments
Texas Appellate Court decision (May 14, 2015). 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...
by Jonathan Szabo | Jan 18, 2017 | Case Decisions, Dues and Assessments
Ninth Circuit U.S. Court of Appeals opinion (January 13, 2017). This case involved a dispute between a homeowner (“Homeowner”) and the attorneys for her homeowners’ association (“Association”), who were attempting to collect unpaid dues that were allegedly owed to...
by Lawrence Szabo, Esq. | Jan 9, 2017 | Case Decisions, Dispute Resolution, Dues and Assessments
U.S. District Court, Northern District of California, decision (December 23, 2016) In this case, a homeowner that was delinquent in the payment of homeowners’ dues, contested the actions of the association’s attorney / collection agent relative to enforcing the...
