Late Fee Policy

Does Your Association Need a Fine Schedule and Late Fee Policy? Yes!

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

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Can a Court-Appointed Receiver Collect Assessments Coming Due While a Unit is in Lien Foreclosure?

Condominium associations generally have a number of legal remedies to pursue when an owner stops paying assessments. An Ohio court recently found that associations may collect assessments as they come due during a lien foreclosure action by and through a court-appointed receiver. Facts.  In a 2017 case, an investor owner of a condominium unit, who

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Delinquent Owner Pays Assessments, But Refuses to Pay Interest, Late Fees or Attorney Fees. NOW WHAT?

A Court in Louisiana recently took up the issue of what to award in interest, late fees, attorneys’ fees and costs when a Unit Owner paid the underlying assessments, but refused to pay anything more. (English Turn Property Owners Association v. Contogouris, 228 So.3d 793 (2017)). In this case, a Unit Owner and its Homeowners’

Delinquent Owner Pays Assessments, But Refuses to Pay Interest, Late Fees or Attorney Fees. NOW WHAT? Read More »