Summary In Florida, mere ownership of a condominium makes you liable for all assessments which come due while you are an owner AND all assessments of previous owners. The Facts Defendant, Fla Trust Services, bought the condominium in question on July 26, 2016 by quit claim deed. The seller was Homes HQ, LLC who had […]
Owner Liable for Prior Owners Assessments – Who Knew? Read More »
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
Attorney Fees – FDCPA Violation – Failure to Follow Association Document Procedures Read More »
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
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 »
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
First, I want to thank Julie Howard and her firm NowackHoward in Atlanta, Georgia for much of this Blog (adjusted for Wisconsin Law and my commentary). She is the former president of the College of Community Association Lawyers (“CCAL”), an excellent association attorney, and has been kind enough to allow us to use much of
Assessment Collections and COVID-19 Read More »
For years the FDCPA (Fair Debt Collection Practices Act) has been used as a sword by debtors and debtors attorneys as a means of exacting revenge from those creditors attorneys who failed to strictly, and I mean STRICTLY, follow every small detail of the law. It reached the point that one court called it a
FDCPA – Fair Debt – The Latest Case Actually Benefits Creditors Read More »
The Fair Debt Collection Practice Act (FDCPA) was enacted to protect consumers from unscrupulous debt collectors; as a shield against prohibited acts. However, it is now often used as a sword, by attorneys who are part of a “cottage industry” that simply look for even the smallest of violations and then claim thousands of dollars
Foreclosing on a Unit When Owner Discharged in Bankruptcy 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 »
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 »
