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 »
Castilian Hills Homeowners Association v. Chaffins, (Wash. Ct. App. Oct. 22, 2018) The Facts Homeowner bought home in 2004. In 2016, the homeowner failed to pay his $147 assessment. The homeowners association (“HOA”) assessed a $20 late fee. The homeowner still did not pay, despite the normal language in the HOA governing documents about interest,
How to Turn $147 into $10,000 – the WRONG Way Read More »
Summary The United States District Court held that a prior recorded condominium lien had priority over a federal tax lien but only to the extent of the amount stated in the lien notice. SO make sure you get everything you should in your lien filing. I want to thank attorney William Z. Kolobaric and Hirzel
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
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 »
IMPRESSION: A recent Minnesota Court of Appeals ruling served as a stiff reminder to investor-purchasers of condominium units: request of association resale disclosure certificates should be undertaken as a matter of course (in Wisconsin this is essentially the Section 703.165(4) Wis. Stat. statement of the amount of unpaid assessments). DETAILS: In Bridge Investments, LLC v.
Request Resale Certificates Rather than Roll the Dice 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 »
