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Ct. Rules HOA Failure to Maintain Does Not Justify Homeowner’s Nonpayment of Dues

Ct. Rules HOA Failure to Maintain Does Not Justify Homeowner’s Nonpayment of Dues

by Lawrence Szabo, Esq. | Jan 5, 2017 | Case Decisions, Dues and Assessments, Finances

Commonwealth Court of Pennsylvania decision (January 4, 2017) This case involved a dispute between a homeowners’ association (“Association”) and husband and wife homeowners (“Homeowners”) over the nonpayment of association dues by Homeowners. The action was...
Suspension of Member Rights For Violation of Governing Documents Can Help to Achieve Compliance

Suspension of Member Rights For Violation of Governing Documents Can Help to Achieve Compliance

by Lawrence Szabo, Esq. | Nov 18, 2016 | Dues and Assessments

Common problems experienced by homeowners associations include the non-payment of delinquent assessments owed by association members and violations of association rules or provisions contained in the association’s conditions, covenants and restrictions...
Ct. Rules HOA Failure to Maintain Does Not Justify Homeowner’s Nonpayment of Dues

Florida Court Says HOA Efforts to Collect “Fines” are Subject to Consumer Collection Practices Act

by Lawrence Szabo, Esq. | Nov 14, 2016 | Case Decisions, Dispute Resolution, Dues and Assessments

PUBLISHED Florida District Appellate Court decision (November 9, 2016). This case involved a dispute between a homeowners association and homeowners over a fine that was imposed by the association against the homeowners for alleged violations of various provisions...
HOAs Must Follow Proper Procedures for Temporary Use of Reserve Funds to Pay Operating Expenses

HOAs Must Follow Proper Procedures for Temporary Use of Reserve Funds to Pay Operating Expenses

by Lawrence Szabo, Esq. | Oct 12, 2016 | Dues and Assessments

State laws and association governing documents mandate that homeowners associations maintain sufficient funds in reserve to allow for specified items such as the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration,...
HOA Policies re Imposition and Collection of Fines

HOA Policies re Imposition and Collection of Fines

by Lawrence Szabo, Esq. | Sep 27, 2016 | Dues and Assessments

The developers of homeowners associations typically include provisions within their governing documents (generally found in the CC&Rs or bylaws) that empower the association’s board of directors to impose fines for violations of the governing documents. If...
Ct. Rules HOA Failure to Maintain Does Not Justify Homeowner’s Nonpayment of Dues

WI Sup Ct Invalidates HOA Policy That Revived a Lien Eliminated by a Foreclosure Sale

by Lawrence Szabo, Esq. | May 15, 2016 | Case Decisions, Dues and Assessments, Governing Documents

Wisconsin Supreme Court decision (April 29, 2016). This case involved a dispute between a lender, who obtained title to a condominium through a judicial foreclosure sale, and a homeowners association (“Association”) over the enforceability of an Association policy...
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