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Mass. Ct. Says HOA Priority Lien Status is Limited to a Total of Six Months

Mass. Ct. Says HOA Priority Lien Status is Limited to a Total of Six Months

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...
Mass. Ct. Says HOA Priority Lien Status is Limited to a Total of Six Months

Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner

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...
Imposing Fines and Penalties for Homeowner Violations of Governing Documents

Imposing Fines and Penalties for Homeowner Violations of Governing Documents

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...
Mass. Ct. Says HOA Priority Lien Status is Limited to a Total of Six Months

Bankruptcy Court Says Ongoing HOA Assessments are Dischargeable

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...
Mass. Ct. Says HOA Priority Lien Status is Limited to a Total of Six Months

NV Supreme Ct Upholds Decision Giving HOA Lien Priority Over $885,000 First Trust Deed

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...
Mass. Ct. Says HOA Priority Lien Status is Limited to a Total of Six Months

New Jersey Court Finds Residual Beneficiary of Homeowner’s Estate is Not Liable for HOA Assessments

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”...
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