Let’s face it, 2020 was rough and not everyone was nice about it. Hate crimes have increased dramatically over the last six years. Heightened political tensions have led to family quarrels and neighbor-to-neighbor feuds. And to top it all off, the COVID pandemic and corresponding lockdowns has made most of us a little stir crazy. […]
The Condominium Statutes are written such that associations can collect their actual attorneys’ fees if they proceed in a lien enforcement action for unpaid assessments. But, as in many things law-related, there are traps for the unwary, and if your attorney is not savvy, you may miss out on collecting everything you are owed… Facts.
If your Association is not facing this today, chances are, it will tomorrow. The law is trending across the country to allow more and more people to use marijuana legally—both for medical and recreational purposes. That can mean smoke and smells that other neighbors find to be a nuisance. What can an Association proactively do?
Marijuana Use in Associations – “Hey Man, It’s Medically Necessary” Read More »
The answer to the question of when are fees unreasonable is simple: when a court says they are. Fairfield Ridge Homeowners Association (association) is an HOA in Ohio. The association entered into a management agreement with Elite Management Services, Inc. (EMS) to manage the association, including providing closing certification letters to sellers just before the
When Are Fees Unreasonable? Read More »
An association in southeastern Wisconsin is made up of condominiums that are also rented out for the owners (condotels). In this particular case, a unit owner, who lived in Illinois, was in financial difficulty and wanted to file bankruptcy and turn their condominium over to their bank. The bank’s attorney prepared a deed in lieu
Banks & a Deed in Lieu Read More »
Facts Plaintiffs live in Ashbrooke Property Owners Association (“Association”) and missed their annual assessment payments of $115 for three straight years. The Association hired Defendant, Equity Experts, to collect the past due amounts. Under the Declaration the past due assessments accrued interest at the rate of 18% per annum, plus the Association could charge a
Class Action Status Granted to Association Homeowners Alleging FDCPA Violations Read More »
Harrison v. Casa de Emdeko, Incorporated, No. SCWC-15-0000744 (Haw. Apr. 26, 2018) Holding The Supreme Court of Hawaii held that, under the Hawaii Condominium Property Act, expenses for building components that served only particular units (residential units in this case) in a mixed-use project had to be allocated as limited common expenses to the units
Commercial Units in Mixed-Use Condominium Not Responsible for Residential Unit Costs Read More »
A Court in Arizona recently provided one more reason for your association to have a fine schedule and late fee policy (Turtle Rock III Homeowners’ Association v. Fisher, 2017 WL4837821 and 2017 Ariz. App. LEXIS 187). This particular Homeowners’ Association (“HOA”) required their owners to maintain their property in various ways relative to cleanliness and
Does Your Association Need a Fine Schedule and Late Fee Policy? Yes! Read More »
Facts David Bagwell was the developer of three homeowners’ associations (HOAs). David and his wife Susan (the Bagwells), acted as directors of each of the HOAs. Sister Initiative, LLC (the LLC) loaned money to the HOAs and was owned by Bagwells’ daughters. Susan Bagwell was the manager of the LLC. The Bagwells also owned several
Association NOT Liable for Loans Made By Developer Related Entity Read More »
We are excited to announce a new format for our Association Academies in 2023: Lunch with Lawyers. This new format will be more interactive, with plenty of time for Q&A. Luncheons will be held every other month from noon to 1:00. Save the dates and start planning for 2023. Happy New Year and we look forward to seeing you.
New Webinar Series | Association Academy: Lunch with Lawyers Read More »
