Debt Collection

Attorney Fees – FDCPA Violation – Failure to Follow Association Document Procedures

Facts Plaintiff, O’Donnell, bought his condo in 2012 and sold it in 2019.  Beginning in 2013, O’Donnell missed various assessment payments.  In late 2013 the association filed a lien, and in 2018 the association commenced a foreclosure action.  To bring the lawsuit to an end, O’Donnell sold his unit.  The sale allowed O’Donnell to pay

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Owners are Liable for Assessments, Even When Corporate Formalities Not Perfectly Followed

Summary Declarant owned nine of 10 units, controlled the board and association, failed to have an association bank account, intermingled the assessments that were paid into his business account, never held elections or annual meetings and kept no separate corporate records.  Yet, the Court held that these failures could not be used as an excuse

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Class Action Status Granted to Association Homeowners Alleging FDCPA Violations

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

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Doing Things Wrong can be VERY Costly, Which is Why Using an Experienced Association Attorney Matters

Summary Each owner of a lot in a planned community with multiple subdivisions was required to be a member of the master association – Holly Lake Ranch Association (HLRA).  Some of the owners voted to amend their particular subdivision’s respective deed restrictions.  The effect of which was to add a voting requirement for assessments, mandatory

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Debt Collectors Adherence to Generic Forms Were Inaccurate and Misleading

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

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COVID-19 & Bankruptcy

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?

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