Topic
Condominium Assessments
17 published works
Florida Condo & HOA Law Blog
Can Condominium Assessments Be Collected Annually?
By Joseph Adams
Q: I am on the board of my condominium association, and we are working on our budget for the next fiscal year. Our condominium is located within a larger community…
Association Alert
Association Successfully Recovers ALL Attorney’s Fees From Unit Owners Who Refused to Pay Attorney Fees
By Former Attorney Naomie Kweyu, Billie Jo Fatheree
Recently, Attorney Naomie Kweyu Husch Blackwell LLP, scored a huge bench trial win in a southeastern Wisconsin circuit court on a foreclosure and money judgment action. Summary If you want…
Association Alert
Lien Priority Statutes and Why They Make Sense
By Daniel Miske
Facts A unit owner stopped paying assessments. The condominium association properly recorded and perfected a lien against the unit for those assessments. Under the applicable Oregon statute, the condo association…
Association Alert
Vacant Land Units Can Have a 0% Percentage Interest
By Daniel Miske
Summary The language and definitions in your governing documents reflect the intentions of the Association. You need to either follow them or amend them, but NOT ignore them. Facts Sunnyside…
Association Alert
Owners are Liable for Assessments, Even When Corporate Formalities Not Perfectly Followed
By Daniel Miske
Summary Declarant owned nine of 10 units, controlled the board and association, failed to have an association bank account, intermingled the assessments that were paid into his business account, never…
Association Alert
Owner Liable for Prior Owners Assessments – Who Knew?
By Daniel Miske
Summary In Florida, mere ownership of a condominium makes you liable for all assessments which come due while you are an owner AND all assessments of previous owners. The Facts…
Association Alert
Can a Court-Appointed Receiver Collect Assessments Coming Due While a Unit is in Lien Foreclosure?
Condominium associations generally have a number of legal remedies to pursue when an owner stops paying assessments. An Ohio court recently found that associations may collect assessments as they come…
New Jersey Law Blog
Can a Condo Association Recover Past-Due Amounts After Owner Files Bankruptcy?
When a condo owner in arrears on assessments declares bankruptcy, a condo association often expresses concern about the effect of the bankruptcy on its ability to collect pre- and post-bankruptcy…
Association Alert
Assess the Situation: What is Considered a “Common Element?”
By Daniel Miske
You may have read in the most recent CAI Law Reporter that an Association in Maryland was not authorized to suspend use privileges, absent such authority existing in the condominium…
Lancaster Law Blog
Unit Owner Cannot Withhold Assessments from Association
A recent Pennsylvania case has again confirmed that a unit owner in a condominium or homeowners’ association is required to pay their assessments, regardless of whether they think the association…