By Sandra Gottlieb, SwedelsonGottlieb, Community Association Attorneys There has been some confusion as to whether a community association’s trustee, after a nonjudicial foreclosure sale (for the collection of delinquent assessments), may record a trustee’s deed upon sale prior to the expiration of the 90-day right of redemption required by California…
Multani v. Witkin & Neal, Castle Green Condominium Association, etc. By David Swedelson, Condo Lawyer and HOA Attorney, Partner at SwedelsonGottlieb, Community Association Attorneys As we have previously reported, when property is sold through non-judicial foreclosure on an assessment lien, buyers (third parties or the association) take ownership subject to…
By Joan Lewis-Heard, Community Association Attorney/Litagator; Edited by David Swedelson, Senior Partner at SwedelsonGottlieb. So, your condo or homeowners association foreclosed on an assessment lien and is unfortunately the owner of a unit or home at the association. Not what the association wanted, but a reality as a result of…
By David Swedelson, Condo Lawyer and HOA Attorney at SwedelsonGottlieb, Community Association Attorneys Florida State Sen. Alan Hays, R-Umatilla, recently filed a bill that would allow community associations to foreclose quickly on homes or condo units in Florida community associations if the owners have not paid their dues/assessments. The proposed…
Clarifications to the 2013 Northern California Law Seminar By SwedelsonGottlieb, California Community Association Attorneys. Attorneys from the law firm SwedelsonGottlieb and Association Lien Services (“ALS”) attended California Association of Community Managers’ (“CACM”) 2013 Northern California Law Seminar in January of 2013. One of the programs dealt with assessment collection strategies. We…
By Sandra L. Gottlieb, Esq., HOA and Condo Attorneys Attorneys from the law firm SwedelsonGottlieb and Association Lien Services (ALS) attended Community Associations Institute Orange County Chapter’s (CAI-OC) Educational Luncheon on January 15, 2013 dealing with a California community associations’ rights and obligations following an HOA’s lien foreclosure sale. We…
Blog post by David Swedelson, Condo Attorney and HOA lawyer; Senior Partner at SwedelsonGottlieb, Community Association Attorneys Under California law, a condo or homeowners association has the right to foreclose on an owner’s interest in their condominium or property if they fail to pay the assessments or fees that are…
Blog Post By David Swedelson, SwedelsonGottlieb Community Association Attorneys I recently posted a blog article regarding the Fair Debt Collection Practices Act or commonly referred to as the “FDCPA”. Follow this link for my blog post entitled Neither a Community Association Nor its Management Have Liability Under the Federal Fair…
By David C. Swedelson, Senior Partner at SwedelsonGottlieb; Condo lawyer and HOA attorney We have had to extricate several of our community association clients (and often their management as well) from claims or lawsuits relating to the federal Fair Debt Collections Practices Act (FDCPA). It is well settled law that…
By David Swedelson, Partner, SwedelsonGottlieb, Condo Lawyer and HOA Attorney California community associations have been filing a lot of lawsuits the last three or so years attempting to collect delinquent assessments. Usually, these lawsuits are filed against owners that have lost their homes to their lender in foreclosure, wiping out…