HOA Legal Updates

Do your associations have the ability to foreclose, and even if they do, should they? We recognize that many of our clients are currently facing or will face this question soon. It is ultimately the decision of the board whether to proceed on these actions when legally permitted. Those decisions often require a case-by-case analysis […]

We recognize that many of our clients are currently facing or will face this question soon. It is ultimately the decision of the board whether to proceed on these actions when legally permitted. Those decisions often require a case-by-case analysis rather than a blanket policy, and it is important to have the insights required to […]

A jury recently found in favor of Equity Experts in a case regarding the reasonableness of our collection fees. Facts of the Case The Plaintiff is a homeowner who is a member of two homeowners’ associations (both a Master Association and a Sub-Association). At some point, accounts for both associations became past due and Equity […]

Can collection companies charge collection costs to delinquent homeowners? Is deferring collection costs FDCPA compliant? Last month, the United States Sixth Circuit Court of Appeals affirmed a decision— assessing collection fees to debtors if authorized in an agreement is FDCPA compliant. A homeowner sued Equity Experts during April 2017, arguing authorization was not expressed to […]

August 26, 2019– The Bankruptcy Appellate Panel of the 9th Circuit issued an important ruling in the case of Highland Greens Homeowners Association v. De Guillen. The court ruled that, for purposes of determining secured amounts in bankruptcy proceedings, a Notice of Delinquent Assessment is not a continuing lien. A delinquent homeowner filed for Chapter 13 bankruptcy, […]