by Lawrence Szabo, Esq. | Jun 13, 2014 | Case Decisions, Dues and Assessments
US Bankruptcy Court – Eastern District of Virginia (June 10, 2014). Bankruptcy debtor (homeowner) filed action in bankruptcy court to determine the validity, priority or extent of liens asserted by her HOA against her property. In the action, the...
by Lawrence Szabo, Esq. | Jan 19, 2014 | Dues and Assessments
California Appellate Court decision (January 13, 2014). An HOA member (“Owner” ) failed to pay applicable homeowner’s association fees. A year and a half later, the association notified Owner that he was $3,864.96 delinquent and recorded a lien...
by Lawrence Szabo, Esq. | Jan 19, 2014 | Dues and Assessments
A California Appellate Court decision in Diamond v Superior Court (2013) confirmed that any lien that is recorded against a member’s separate interest property must be recorded in “strict compliance” with the statutory notice requirements. A lien...
by Lawrence Szabo, Esq. | Jan 19, 2014 | Case Decisions, Dues and Assessments
California Appellate Court (January 13, 2014) ruled that the legislative intent behind Civil Code 1367.1 allows for partial payments to pay down delinquent assessments, and limits the remedy of foreclosure to only a last resort. Accordingly, the Association’s refusal...
by Lawrence Szabo, Esq. | Dec 14, 2013 | Dues and Assessments
A ruling by the Eleventh Circuit Court of Appeals in Florida allows underwater homeowners to eliminate and “strip-off” second mortgages through the Chapter 7 bankruptcy process. A homeowner is considered “underwater” when he or she owes more on...
