by Lawrence Szabo, Esq. | Nov 11, 2014 | Case Decisions, Dues and Assessments, Finances
Massachusetts Appellate Court decision (November 7, 2014) Homeowners withheld payment of monthly HOA dues because of a dispute with their HOA over parking rules and associated fines. The association filed a court action to recover the unpaid dues and establish a...
by Lawrence Szabo, Esq. | Nov 1, 2014 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Florida District Court of Appeals decision (November 14, 2014). This case involved an appeal by an absentee homeowner of a lower court’s default judgment allowing the homeowner’s HOA to foreclose its lien for unpaid maintenance assessments and sell the homeowner’s...
by Lawrence Szabo, Esq. | Oct 20, 2014 | Dues and Assessments
Homeowners associations that intend to impose fines or monetary penalties for violations of the association’s governing documents (including rules) by homeowners, their guests, or their tenants need to have a written policy explaining the association’s...
by Lawrence Szabo, Esq. | Oct 2, 2014 | Case Decisions, Dues and Assessments
US Bankruptcy Court decision (September 25, 2014): In this case, the owners of a condominium located within a common interest community stopped paying their mortgage and homeowners assessments and abandoned their property. They subsequently filed a Chapter 13...
by Lawrence Szabo, Esq. | Sep 28, 2014 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Nevada State Supreme Court decision (September 18, 2014): The Nevada State Supreme Court has ruled that a homeowners association’s foreclosure of a super priority lien can extinguish a first deed of trust on the property. The property in question was owned by a real...
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UNPUBLISHED New Jersey Appellate Court decision (July 8, 2014).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”...