News & Analysis as of

Delinquent Assessment Dues

Lerch, Early & Brewer

Five Ways to Improve Community Association Collections

Lerch, Early & Brewer on

Community associations face many challenges, none more so than funding the upkeep and welfare of their communities. An owner who refuses to pay their share can put a heavy strain on a community association’s finances....more

Troutman Pepper

Homeowner Files Cert Petition Over Whether an HOA Assessment Qualifies as a “Credit Transaction” under the FCRA

Troutman Pepper on

The U.S. Supreme Court has been asked to decide whether a homeowner association (HOA) assessment constitutes a “credit transaction” under the Fair Credit Reporting Act (FCRA), which would open up an inquiry to the fundamental...more

Ward and Smith, P.A.

Claims of Lien For Community Associations: How to Effectively Utilize them to Compel Payment

Ward and Smith, P.A. on

Many community association managers know that a lien can be placed on a delinquent owner's lot as a method of securing repayment of assessments. In many cases, the mere threat of having a lien placed against the owners'...more

Rosenberg Martin Greenberg LLP

“It Ain’t Over ‘Til It’s Over” The Third Circuit Channels Yogi Berra In Ruling On Tax Sale

Anyone who listens to the radio on the way to work has heard ads inviting them to free seminars in their local area at which they can learn how to make easy money buying “government secured” tax certificates.  Purchasing such...more

Foodman CPAs & Advisors

Pasaportes Estadounidenses: Los Contribuyentes Deben Actuar Antes De Que El IRS Notifique Al Departamento De Estado

Los contribuyentes Estadounidenses que se presentan ante el IRS para acordar el pago de su deuda tributaria gravemente morosa antes de que el IRS notifique al Departamento de Estado de lo EE.UU podrían lograr un mejor...more

Foodman CPAs & Advisors

US Passports: Taxpayers Should Act Before IRS Notifies The State Department

US Taxpayers that come forward to the IRS to arrange payment of their seriously delinquent tax debt before the IRS notifies the US Department of state stand to achieve a better outcome regarding the potential revocation or...more

Burr & Forman

South Carolina County Government Must Give Taxpayers a Hearing on Property Tax Penalty Where the Taxpayer Raises County Error

Burr & Forman on

If South Carolina property taxes are not timely paid, the county Assessor must assess a late-payment penalty. However, the county Treasurer is given authority to waive an assessed late payment penalty if a taxpayer can...more

Lowndes

The Legality of Post-Bankruptcy Condo or Homeowner Association Assessments

Lowndes on

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

Butler Snow LLP

No Tax, No Travel

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

Ballard Spahr LLP

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

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

Ballard Spahr LLP

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

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

Snell & Wilmer

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

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

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