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OR Fed. Ct. Says Efforts to Collect HOA Assessments Are Subject to Fed Debt Collection Practices Act

OR Fed. Ct. Says Efforts to Collect HOA Assessments Are Subject to Fed Debt Collection Practices Act

by Lawrence Szabo, Esq. | Jun 1, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments

Oregon US District Court decision (May 21, 2015). Commencing in 2009, a homeowners association (“Association”) sought to collect delinquent HOA assessments and associated fees and costs which approximated $1,000.00 from a homeowner. After a long history of repeated...
OR Fed. Ct. Says Efforts to Collect HOA Assessments Are Subject to Fed Debt Collection Practices Act

Oregon Ct. Rules Lender Cannot Be Forced to Accept Title to Property via Chapter 13 Bankruptcy Plan

by Lawrence Szabo, Esq. | Apr 25, 2015 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest

Oregon US District Court decision (April 22, 2015). A lienholder (“Bank”) appealed a bankruptcy court ruling that confirmed a Chapter 13 Bankruptcy Plan that had been filed by the borrowers on a loan held by Bank which was secured by the borrowers’ property. Under the...
OR Fed. Ct. Says Efforts to Collect HOA Assessments Are Subject to Fed Debt Collection Practices Act

W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments

by Lawrence Szabo, Esq. | Apr 24, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments

West Virginia Supreme Court of Appeals decision (April 23, 2015). This case involved a dispute between a homeowners association (“HOA”) that was created as a West Virginia Limited Expense Planned Community under West Virginia law, and various homeowners...
OR Fed. Ct. Says Efforts to Collect HOA Assessments Are Subject to Fed Debt Collection Practices Act

Nebraska Court Says HOA Miscalculation of Assessments Did Not Invalidate Lien

by Lawrence Szabo, Esq. | Apr 22, 2015 | Case Decisions, Dues and Assessments

Nebraska Supreme Court decision (March 13, 2015). After the owner of property located within a common interest development governed by a homeowners association (“Association”) failed to pay assessments, the Association recorded notices of liens and filed a foreclosure...
HOA Boards Must Develop Realistic Budgets Annually

HOA Boards Must Develop Realistic Budgets Annually

by Lawrence Szabo, Esq. | Apr 6, 2015 | Dues and Assessments

Every year a homeowners association’s board of directors is required to establish the association’s annual budget and provide notice to the members of the budget and how it is going to impact the association’s regular assessments for the next year....
OR Fed. Ct. Says Efforts to Collect HOA Assessments Are Subject to Fed Debt Collection Practices Act

WA Court Says HOA’s Action Re Assessments Did Not Require Member Ratification

by Lawrence Szabo, Esq. | Mar 2, 2015 | Case Decisions, Dues and Assessments

Washington Appellate Court decision (July 10, 2014). This case involved a dispute over the process required within a homeowners association (“Association”) for the approval of dues and assessments. A group of homeowners initially brought suit seeking a declaratory...
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