Lien Archives - Kaman & Cusimano

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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How to Turn $147 into $10,000 – the WRONG Way

Wisconsin / K&C Wisconsin Team

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,

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

Wisconsin / K&C Wisconsin Team

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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Your Condo Lien can be Prior to a Federal Tax Lien if you File it Correctly, Timely & for the Full Amount Due

Wisconsin / K&C Wisconsin Team

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

Your Condo Lien can be Prior to a Federal Tax Lien if you File it Correctly, Timely & for the Full Amount Due Read More »

Developer Liable for Assessments on Unconstructed Units

Wisconsin / K&C Wisconsin Team

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

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Excessive Fines Cause Courts to Find Liability – A Lesson in Fair Debt Collection Practices

Wisconsin / K&C Wisconsin Team

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

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Association Academy: Your Rules, Robert’s NEW Rules and Court Rules Relating to Fines

Wisconsin / K&C Wisconsin Team

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

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Foreclosing on a Unit When Owner Discharged in Bankruptcy

Wisconsin / K&C Wisconsin Team

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

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Debt Collectors Adherence to Generic Forms Were Inaccurate and Misleading

Wisconsin / K&C Wisconsin Team

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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Special Assessing an Insurance Deductible Back to a Unit Owner

Wisconsin / K&C Wisconsin Team

In Illinois, a Court recently ruled on a Condominium Association’s attempt to charge back an insurance deductible to one of its members (Gelinas v. Barry Quadrangle Condominium Association, 74 N.E.3d 49 (2017)). This particular association had a fire originate in an owner’s unit resulting in damage to not only the specific unit, but the entire

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Condo | HOA Lawyers

Lien

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

How to Turn $147 into $10,000 – the WRONG Way

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

Your Condo Lien can be Prior to a Federal Tax Lien if you File it Correctly, Timely & for the Full Amount Due

Developer Liable for Assessments on Unconstructed Units

Excessive Fines Cause Courts to Find Liability – A Lesson in Fair Debt Collection Practices

Association Academy: Your Rules, Robert’s NEW Rules and Court Rules Relating to Fines

Foreclosing on a Unit When Owner Discharged in Bankruptcy

Debt Collectors Adherence to Generic Forms Were Inaccurate and Misleading

Special Assessing an Insurance Deductible Back to a Unit Owner

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