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 »
Issue When association documents require funds from owners to be applied in a certain order, can a unit owner alter how the funds are applied by writing in the memo portion of a check that it is for the monthly assessment only? The Answer, at least in this Ohio case, is “No.”
Court Upholds Association Decision to Return Checks Containing Restrictive Language Read More »
In New Jersey, the United Stated Bankruptcy Court held in In re. Smiley, 569 B.R. 377 (2017) that a Unit Owner/Debtor can modify the Association’s lien and strip off all but the six month super lien allowed under the state’s condominium act. The facts at the time were that the Association was owed $9,000 for
