By David Swedelson, California Condo and HOA Legal Expert and Community Association Attorney I came across an interesting article from a law firm in Florida (by attorney Lisa Magill with Becker & Poliakoff) that addresses the fact that after a bank forecloses, many boards are writing off the debt without…
Senate Majority Leader Ellen M. Corbett (D-San Leandro) has introduced SB 561 which will, if signed into law, make some fairly significant changes to the law impacting how California community associations collect delinquent assessments. Senator Corbett has been quoted as saying that “[u]nscrupulous debt collectors are increasing the amount owed…
Blog post by David C. Swedelson, Partner, SwedelsonGottlieb How many times have you heard a delinquent condo or HOA homeowner (or their attorney) complain that the fees and costs of collection are almost as much as the amount of the unpaid assessments or fees they owe their community association? I…
A Blog Report By Association Lien Services and SwedelsonGottlieb Many of our clients have been asking for our forecast as to when their assessment collection nightmares are going to end. While we don’t have a crystal ball, we do monitor what the experts are saying. And this very question was…
By David Swedelson, Esq. and Alyssa Klausner, Esq. It should be no surprise to anyone that the Great Recession has caused a significant amount of people to fall into serious debt, and many have filed bankruptcy. This is having a significant impact on many community associations’ efforts to collect delinquent…
What happens when owners do not pay their assessments, default and then allow their property to be lost through foreclosure? The answer is clear; their former association does not have enough money to pay the bills and/or the other owners must cover the deficit. This was the subject of an…
By David Swedelson, Esq. and Sandra Gottlieb, Esq. As we near the end of 2010, we thought it timely and appropriate to provide you with a report as to the status of the assessment collection problems that continue to plague many California community associations as a result of the recession.…
It is mid-October, and many California community associations and managers are busy working on their 2011 budgets that will need to be sent out by the end of November. In addition to the budget, however, there are several other documents and disclosures that are required by California statutes to be…
By David Swedelson, Esq.; Senior Partner at SwedelsonGottlieb This article follows an earlier post entitled To Foreclose Or Not To Foreclose; That Seems To Be The Question. We had hoped that the economy would have improved so we would not have to revisit the issue. However, board members and managers…
A recent column in the Los Angeles Times addressed an interesting issue regarding assessment collection on units or lots owned by soldiers who are serving in Iraq, Afghanistan or elsewhere. The article referenced a community association in Texas that proceeded to foreclose on its lien recorded against a home owned…