Facts Developer recorded a Declaration in 2001 for the 260 Jamie Lane Condominium Association (“Association”) consisting of nine units in what seemed to be one building, with an allocation of the percentage interests based on the square feet of each unit. Like most Declarations, it provided that “[e]ach Unit Owner shall pay his proportionate share […]
Developer Liable for Assessments on Unconstructed Units Read More »
Summary If your Association excessively fines an owner, expect a court to find a way to penalize the association. The Facts In 2004 Mr. and Mrs. Mills (“Mills”) bought a home in the subdivision called Galyn Manor. In 2007 Galyn Manor began fining Mills for a commercial work vehicle parked in their driveway in violation
Please join the Condominium & HOA Law Team on February 5, 2021, as we outline the NEW 2020 Robert’s Rules, how parliamentary procedure should be used to run meetings more efficiently, some case examples of fine issues that arise and how to solve them, some basic collection reminders relating to death, trusts and mortgages and
Association Academy: Your Rules, Robert’s NEW Rules and Court Rules Relating to Fines Read More »
Please join the Condominium & HOA Law Team on March 25, 2022, for this informative virtual seminar. We’ll cover what is new with the Fair Debt Collection Practices Act (FDCPA), collections and the new mortgage underwriting requirements. Topics FDCPA Update – How Regulation F now affects managers Collections – 5 things that help your associations
Association Academy: What’s New in 2022! Things You Need to Know Read More »
Summary A company that handled fee collections for an Association engaged in unlawful practices when it falsely indicated that a lien had been filed against two homeowners. Facts Plaintiffs Chad and Caitlin Truhn fell behind on their assessment payments to their Homeowner’s Association. In their agreement with the Association, the Truhns agreed to pay the
Debt Collectors Adherence to Generic Forms Were Inaccurate and Misleading Read More »
Please join the Condominium & HOA Law Team as we reveal the 10 commandments of what association management “Shalt Not” do while governing. Together, we’ll cover the basics of what homeowner associations (HOAs), condo boards and managers need to know. We’ll also dive into the nitty gritty of assessment collections. Presenters Lydia Chartre, Partner, CCAL
Association Academy: The 10 Commandments of Association Management – September 25, 2020 Read More »
Facts A unit owner stopped paying assessments. The condominium association properly recorded and perfected a lien against the unit for those assessments. Under the applicable Oregon statute, the condo association lien is prior to all other liens, except tax liens and a first mortgage or deed of trust. An exception exists, such that the condominium
Lien Priority Statutes and Why They Make Sense Read More »
Does your condominium or homeowners association (HOA) have owners who don’t pay their assessments? Owners are finding more excuses to avoid paying their assessments. Filing multiple bankruptcies, submitting payments with conditional language, NSF payments, claiming they don’t owe since they don’t use the common elements. . . The list goes on and on. So how
Dealing with Sophisticated Debtors Read More »
The COVID-19 Pandemic has created a global economic crisis impacting individual unit and home owners, and the associations they comprise. An unfortunate result will be an increase in bankruptcy filings. Learn how to prepare and protect your Association now. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys?
COVID-19 & Bankruptcy Read More »
Yesterday, Governor Ever’s signed Emergency Order #15 which reiterated the public health emergency relating to COVID 19. It’s title: “Temporary Ban on Evictions and Foreclosures” also implies that foreclosure actions can not be filed or advance. That is not the case. Here is what the Order states relative to Foreclosures: “7. Mortgagees are prohibited from
Wisconsin Governor Ever’s Emergency Order and Foreclosures Read More »
