News & Analysis as of

Delinquent Assessment Dues

The Legality of Post-Bankruptcy Condo or Homeowner Association Assessments

A recent bankruptcy case illustrates how bankruptcy affects condominium or homeowner’s association assessments. The Bankruptcy Court for the Southern District of Florida ruled that a condominium association was not in...more

No Tax, No Travel

by Butler Snow LLP on

If you are not expecting a refund this year, you may be wondering what taxes have to do with your travel plans. A little over a year ago, Congress passed a law to authorize funding for highways known as “Fixing America’s...more

Third Circuit Holds SCRA Protections Do Not Extend to Servicemember-Owned Businesses

by Ballard Spahr LLP on

In a unanimous opinion in Davis v. City of Philadelphia, the U.S. Court of Appeals for the Third Circuit has held that Servicemembers Civil Relief Act (SCRA) protections do not extend to a servicemember's solely owned...more

Condominium Association Liens Have "Super-Priority" Over First Mortgage Liens, Rhode Island Supreme Court Holds

by Ballard Spahr LLP on

The Supreme Court of Rhode Island, in a 4-1 decision, recently joined a growing list of states that allow a homeowners or condominium association lien for delinquent assessments to take priority over, and potentially wipe...more

We Have a Sheriff’s Deed, But Who Pays Association Assessments?

by Varnum LLP on

The Michigan Court of Appeals recently held that a purchaser pursuant to a sheriff's sale was responsible for condominium association fees due from and after the date of the sale. In Wells Fargo Bank v Country Place...more

Can an HOA "Super-Priority" Lien Extinguish a Lender's Deed?

by Snell & Wilmer on

It is hard to imagine that a lender’s first-position deed of trust on a residence worth hundreds of thousands of dollars could be extinguished by a homeowners’ association (HOA) lien for overdue neighborhood assessments,...more

Collections Options Regarding Owners Who Fail To Pay Their Assessments

by LeClairRyan on

How should a homeowners association or a condominium association deal with an owner who fails to pay his dues or assessments? There are three main remedies that associations have under Virginia law: (1) file a lawsuit against...more

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