How Bankruptcy Affects Assessment Collection – Article by Sean D. Allen
So, your Association has a homeowner who is delinquent on his assessments. Before you are able to make any progress on collection and before a lien is recorded, you receive notice that he has filed for bankruptcy. What happens next? The moment a debtor files for bankruptcy, an “automatic stay” is imposed. The automatic stay … Continue reading
HOA ADVISER: What kind of evidence can be used in a hearing? – Article By Michael T. Chulak
Q. Our board recently held a hearing to determine whether to fine a member for an alleged rule violation. The board allowed hearsay to be introduced. Is this allowable by law? A. Yes. Boards are not required to follow the California Rules of Evidence used by courts. They may hear the evidence and then weigh … Continue reading
Did You Record That Judgment? Tips on Maintaining the Critical Priority of your Foreclosure Judgment – Article by Paul W. Windust, Esq.
A recent appellate decision from the First District Court of Appeal in San Francisco (Diamond Heights Village Association v. Financial Freedom Senior Funding Corp) highlights the necessity to record judicial foreclosure judgments. In that case, the association recorded assessments liens against a condominium unit after the unit owner failed to pay maintenance assessments for several … Continue reading
Condo Association or HOA Collection Policies for Fees and Assessments – Article by CondoAssociation.com
Assessments are the life-blood of condo associations and HOAs. Yet only in a very fortunate few condo associations can collection of assessments be left to a laissez faire process. Most condo associations need to have a cohesive and consistent collection process to thrive and not merely survive. This article deals not only with the process … Continue reading