Condo-HOA Blog - AlexisDucich
Redemption Period after a Sheriff's Sale
After a judgment and decree of foreclosure was entered, a sheriff's sale was held where you were the winning bidder/purchaser, but when do you actually become the legal, title owner of the property? read more
Lien for Unpaid Assessments
Under Oregon state law, condominium associations and homeowner associations have an automatic lien against the unit or lot for unpaid assessments. In Washington, a condominium association has a lien on a unit for any unpaid assessments levied against a unit from the time the assessment is due. Unfortunately for Washington homeowner's associations, the state law is silent and does not specifically provide that the homeowner's association has a lien against the lot for unpaid assessments. However, most of the time, the association's specific governing documents will create a lien for the unpaid assessments. For Washington homeowner's associations, you will need to look at your association's governing documents to determine whether your association has a lien for unpaid assessments. read more
Automatic Bankruptcy Stay
This week, I am digging deeper into the bankruptcy world to discuss the Automatic Bankruptcy Stay. I'm guessing you are not a stranger to this term and that at some point you have been told that you cannot do "XYZ" because of the Automatic Bankruptcy Stay. But, what is that? read more
Collection Attorney vs. Collection Agency
Since I worked as in-house counsel for a debt collection agency prior to joining Barker Martin, I find I am uniquely situated to provide input on whether to turn a particular account over to a collections attorney or to collections agency to recover the delinquent amounts owed to an Association. read more
Unpaid Assessments: Liens & Personal Obligations - Part I
Under state law in Washington and Oregon, Condominium and Homeowner Associations have the authority to adopt and amend budgets, and levy and collect assessments from owners for the common expenses. But it can be confusing what happens when an owner does not pay the assessment. This two-part article discusses the personal obligation of the owner to pay the assessment and the lien that is created when the assessment is not paid. Next week will discuss the effects of sales, foreclosures and bankruptcy on both the personal obligation and the lien. read more