Tag Archives: collections

New Jersey – Jaye v. Oak Knoll Village Condominium Owners Association

3Moss Report-Refined #24-2-5635 Jaye v. Oak Knoll Village Condominium Owners Association, App. Div. (per curiam) (4 pp.) Chris Ann Jaye appealed from orders granting judgment in favor of Oak Knoll Village Condominium Association (OKV) for arrearages associated with common element assessments pursuant to N.J.S.A. 46:8B-17 and from an award of counsel fees to OKV in its collection action. Appellant is, and at all relevant times was, a unit owner at Oak Knoll Village, a condominium community. Appellant failed to pay her common element expenses. OKV instituted legal action seeking a judgment against appellant. Prior to the entry of judgment, a settlement was reached between the parties whereby in exchange for a “zero-out” of the claimed balance owed by appellant to OKV, appellant would commence payment of the common element charges. Notwithstanding the agreement, appellant ceased payments. OKV instituted another action by way of counterclaim seeking judgment for unpaid common element expenses and counsel fees. The appellate panel found the court appropriately granted OKV’s motion for summary judgment. Among the powers assigned by law to a condominium association is the authority to assess and collect funds for the payment of common expenses. Here, the judge’s finding that OKV was entitled to judgment for outstanding common expenses owed by appellant was in accord with the uncontroverted facts and the controlling law. A condominium association is also authorized to charge a nonpaying member with “reasonable” attorney fees. Here the judge acted within his discretion in determining that $8,000 in attorney fees was reasonable.

Read more: http://www.njlawjournal.com/id=1202716512438/Unapproved-Opinions-January-2228-2015#ixzz3QJnu7fbu

Florida – The Meadows of Miramar Homeowners Association, No. 1., Inc. v. Luis Rodriguez

A Court’s opinion doesn’t have to say much to say a lot…the District Court of Appeal of the State of Florida, Fourth District, reverses a foreclosure judgment where the claim of lien overstated the amount actually due.  The only case cited in the opinion, Saar v. Wellesley at Lake Clarke Shores Homeowners
Ass’n, 68 So. 3d 417 (Fla. 4th DCA 2011), found against the Association, holding:

What can be gleaned from this record is that the association and its accounting methods were woefully inadequate to correctly ascertain and give notice of the amounts claimed to be due. Because of this imperfect record-keeping, the association did not make a proper claim of lien, nor did it give sufficient notice in its complaint of its claim. Had it done so, in all *420420likelihood this case would not have even been filed. Saar showed that she consistently made the payments required and had detailed records to support her payments, many of which were not properly credited by the association. She paid all sums due in accordance with the notices and claim of lien.

Good record keeping and correct accounting are critical in any assessment collection case.

The Meadows of Miramar HOA v. Rodriguez (2015)

Kentucky – Council Member Challenging HOA Foreclosure Laws

LEX 18 Investigates: Council Member Challenging HOA Foreclosure LawsPosted: Nov 21, 2013 8:10 PM Updated: Nov 21, 2013 8:41 PM A Lexington Fayette Urban County Council woman is calling for changes in the law after an LEX 18 investigation . Ingrid Boak lost her house after her homeowners association foreclosed because she was behind $300 in fees.

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Illinois – Some boards overreach in handling late fees

Some boards overreach in handling late feesYour Community News & Weather loading… Article posted: 11/9/2013 12:32 AM Q. Our condominium association imposes a $25 late charge every month that an owner’s account has an open balance. Is this permitted? A. The board may absolutely impose charges for late payment of a unit owner’s proportionate share of the common expenses.

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Florida – Homeowner scores permanent injunction against HOA after guests denied entry to his home

Florida Homeowner Scores Permanent Injunction Against HOA After Guests Denied Entry to His HomeORLANDO, Fla., Nov. 4, 2013 /PRNewswire/ — A circuit court judge has ordered a Central Florida homeowners association to stop its practice of denying homeowner guests’ entry into the community of homeowner as a way of forcing payment of past due assessments.

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Illinois – Not paying assessments? HOA may be able to foreclose

Not paying assessments? HOA may be able to forecloseQ: We have not paid our homeowner fees since early 2007, and I have received a notice of intent to foreclose lien from a local law firm. It states that if full payment is not received within 45 days of the date of the letter, the association will take legal action to foreclose my interest in the unit.

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Massachusetts – For condo associations, ‘nuclear option’ a last resort

For condo associations, ‘nuclear option’ a last resort“The nuclear option.” In the parlance of condominiums, the nuclear option is triggered when a condominium association – which has tried every method available to collect overdue monthly condo dues – forecloses on one of their own members. Once unheard of, the nuclear option is still rare.

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