Liens

Collections – Reconciliation of Unit Owner Ledgers and Conversations with Unit Owners

When a Board or Property Manager sends a Unit Owner to its attorneys for collection, the Board or Property Manager should refer ALL communications from the Unit Owner relative to the debt, including the request for any pay off, to the attorney.  Discussion by the Property Manager or Board with the Unit Owner almost always

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Condominium Collections: Why Foreclosure is the Best Option

The Board of Directors of a condominium association has a fiduciary duty to make sure that all owners pay their dues and assessments. It is important that associations develop a collection policy and follow it consistently, as a collection policy of doing nothing could be a breach of a board’s fiduciary duty. Having knowledgeable and experienced legal

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

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

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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Can a Court Set Aside a HOA-Lien Foreclosure Sale Because the Sales Price Was Too Low?

When a mortgage company faces having its mortgage interest swept away in a quiet title action following an HOA lien foreclosure, the mortgage company comes up with all sorts of arguments as to why its mortgage should remain intact. This time, the arguments did not carry the day. Facts.  In a 2017 Nevada case, a

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Everything is “Fine,” So Long as You Strictly Follow Your Documents

It has long been recognized that liens are statutorily created rights and consequently are strictly construed. What this means in English is that you can’t simply substantially comply with the lien filing laws. If you want your lien to be valid it must meet all of the statutory requirements and be filed timely. The Florida Court of Appeals

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Request Resale Certificates Rather than Roll the Dice

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.

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