Category Archives: Collections

Association Required to Provide Names and Addresses of Delinquent Owners

The Kansas Court of Appeals held that Kansas law requires a homeowners association to disclose the names and addresses of delinquent homeowners. Although this case was decided in Kansas, it could be an indication of how a Washington court might decide a similar issue. The recent case of Frobish v. Cedar Lakes Village Condominium Association concerned…

Are Management Companies Debt Collectors?

A federal court in Indiana recently ruled that a management company is not a debt collector subject to the Federal Fair Debt Collection Practices Act (FDCPA or “the act”) if the owner is not delinquent when the management company is hired by the association. This court’s interpretation of the statute is persuasive, but not binding,…

Court Upholds Association Foreclosure for Unpaid Fines

A Connecticut court recently upheld a foreclosure action after an owner refused to pay fines assessed for her failure to construct a deck in accordance with board approved plans. Although this case was decided by a Connecticut court and is not binding in Washington, it demonstrates how a court in Washington might decide a similar…

Receivership – Brief Overview

When a condo association files a foreclosure lawsuit, it is entitled to ask the court to appoint a “custodial receiver” who takes over the property, rents it out, and pays the proceeds consistent with guidelines in the Condominium Act (RCW 64.34.364(10)).  As a practical matter, once appointed, the receiver rekeys the unit (assuming it is…

Restricting access to common area roads: a “high risk” activity for Washington HOAs

When owners are delinquent in paying assessments, an Association may wish to penalize the owner and provide an incentive to pay by restricting that owner’s access to common areas. A Washington HOA probably can restrict access to common areas such a pool or cabana, if its governing documents specifically authorize such an act. But can…

Tenants in Foreclosed Properties

Many clients and associations in general (both condos and HOAs) are in possession of properties that do not have “clear title.”  This puts the association in the position of wanting to rent out the property until the lender forecloses.  One question we hear often is what protections, if any, exist for a tenant who signs…

Bank of America Foreclosures in Washington State

For many months, we’ve seen that Bank of America foreclosures have been completely stalled.  There are a number of reasons for this, not the least of which is the fact that BOA took over a multitude of sub-prime loans when Countrywide went belly-up.  More recently, however, the company BOA used (Recontrust) to conduct its foreclosure…

Why it’s Important to Act Quickly on Delinquencies

There are many reasons why it is important that associations act quickly when an owner falls behind on their dues.  There are also many competing factors which tempt boards or board members not to do so.  For example, many board members feel a conflict between their duty to act in the best interest of the…

Judgment Liens

Once an association obtains a judgment against a delinquent owner, a myriad of options become available to collect on that judgment.  We’ll spend some time discussing many of these options in the coming weeks.  Today, let’s talk about judgment liens. First, what is a judgment and what is a lien?  A judgment is a court…

Condominium Law Group Gets a Little Press!

We wanted to share some news with you, especially since it’s been a while since we posted.  Condominium Law Group’s own Valerie Farris Oman was quoted several times in a recent article in Seattle Metropolitan Magazine! Here’s a link to the article, titled Dues and Don’ts: Condo owners who get behind on homeowner dues could…

Category Archives: Collections

Association Required to Provide Names and Addresses of Delinquent Owners

The Kansas Court of Appeals held that Kansas law requires a homeowners association to disclose the names and addresses of delinquent homeowners. Although this case was decided in Kansas, it could be an indication of how a Washington court might decide a similar issue. The recent case of Frobish v. Cedar Lakes Village Condominium Association concerned…

Are Management Companies Debt Collectors?

A federal court in Indiana recently ruled that a management company is not a debt collector subject to the Federal Fair Debt Collection Practices Act (FDCPA or “the act”) if the owner is not delinquent when the management company is hired by the association. This court’s interpretation of the statute is persuasive, but not binding,…

Court Upholds Association Foreclosure for Unpaid Fines

A Connecticut court recently upheld a foreclosure action after an owner refused to pay fines assessed for her failure to construct a deck in accordance with board approved plans. Although this case was decided by a Connecticut court and is not binding in Washington, it demonstrates how a court in Washington might decide a similar…

Receivership – Brief Overview

When a condo association files a foreclosure lawsuit, it is entitled to ask the court to appoint a “custodial receiver” who takes over the property, rents it out, and pays the proceeds consistent with guidelines in the Condominium Act (RCW 64.34.364(10)).  As a practical matter, once appointed, the receiver rekeys the unit (assuming it is…

Restricting access to common area roads: a “high risk” activity for Washington HOAs

When owners are delinquent in paying assessments, an Association may wish to penalize the owner and provide an incentive to pay by restricting that owner’s access to common areas. A Washington HOA probably can restrict access to common areas such a pool or cabana, if its governing documents specifically authorize such an act. But can…

Tenants in Foreclosed Properties

Many clients and associations in general (both condos and HOAs) are in possession of properties that do not have “clear title.”  This puts the association in the position of wanting to rent out the property until the lender forecloses.  One question we hear often is what protections, if any, exist for a tenant who signs…

Bank of America Foreclosures in Washington State

For many months, we’ve seen that Bank of America foreclosures have been completely stalled.  There are a number of reasons for this, not the least of which is the fact that BOA took over a multitude of sub-prime loans when Countrywide went belly-up.  More recently, however, the company BOA used (Recontrust) to conduct its foreclosure…

Why it’s Important to Act Quickly on Delinquencies

There are many reasons why it is important that associations act quickly when an owner falls behind on their dues.  There are also many competing factors which tempt boards or board members not to do so.  For example, many board members feel a conflict between their duty to act in the best interest of the…

Judgment Liens

Once an association obtains a judgment against a delinquent owner, a myriad of options become available to collect on that judgment.  We’ll spend some time discussing many of these options in the coming weeks.  Today, let’s talk about judgment liens. First, what is a judgment and what is a lien?  A judgment is a court…

Condominium Law Group Gets a Little Press!

We wanted to share some news with you, especially since it’s been a while since we posted.  Condominium Law Group’s own Valerie Farris Oman was quoted several times in a recent article in Seattle Metropolitan Magazine! Here’s a link to the article, titled Dues and Don’ts: Condo owners who get behind on homeowner dues could…