HOAleader.com - Tip of the Week - November 7, 2014
Published: Fri, 11/07/14
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You Sue an HOA Owner, Win, and Get a Money Judgment. Can You Foreclose?
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In this week's tip, we offer ainsight on how to collect a money judgment
against an owner. More specifically, if you, say, go to small claims court
and get a money judgment against an owner, does that automatically turn into
a lien against the owner's unit?
You guessed it: The answer differs based on state and local laws.
"In Florida, if you get a judgment for an owner's failure to comply with your
governing documents or to make payments they owe, you can move forward and do
what's called executing on the judgment," says Alessandra Stivelman, an
associate attorney who specializes in community association law at
Eisinger Brown Lewis Frankel & Chaiet in Hollywood, Fla. "That's where you
attempt to collect on the judgment. But it's not like a foreclosure process,
where you file a lien and can foreclose. You can't foreclose on someone's
house because you have a judgment against them for $8,000."
That's not the case in Chicago. "In Illinois, getting a judgment and a lien
are different things," says Barry Kreisler, founder of Kreisler PLLC, a
Chicago law firm that represents 70-100 associations, most of which are
condos. "But they're not very different. Assume this HOA is in Cook County,
where Chicago is, and the reader does get a judgment against the homeowner.
By recording a memorandum of judgment-which the judge will readily
sign-that creates a lien against all real estate that individual owns in
Cook County."
But in Texas, it's an entirely different ball game. Learn why, and get five
tips to help you navigate the process of collecting a judgment against an
owner, in our new article: http://www.hoaleader.com/members/1089.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Foreclosing When Owners Don't Maintain: From Small Claims to a Lien
An HOAleader.com reader writes, "I am the president of a small, 22-house
HOA. Our bylaws and covenants are specific regarding our homeowners
keeping up the overall condition of their properties. Very sadly, we have
one HOA member who simply refuses to do so, will not communicate with me at
all, and my attempts to work with her have been going for years.
Click here to read full article:
http://www.hoaleader.com/members/Foreclosing-When-Owners-Dont-Maintain-From-Small-Claims-Lien.cfm
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HOA Board Wants to Shop and Have Owners Foot the Bill
In this week's tip, we ask: Who decides when and how your HOA should grow?
It's in response to a reader's question, one aspect of which is whether his
HOA board can, and should, purchase a lot next door for boat parking when only
about 35 percent of owners have boats--and when the funds will come from
reserves.
Click here to read full article:
http://www.hoaleader.com/members/HOA-Board-Wants-Shop-Have-Owners-Foot-Bill.cfm
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What's an Appropriate HOA Purchase, and How Can You Tell?
An HOAleader.com reader writes, "…I have a unit in a 110-unit complex with
110 boat slips (complete with water and electric each slip) located in Ocean
Springs, Miss. The complex is 27 to 22 years old to the best of my knowledge.
Roofs and units were rebuilt seven years ago after Katrina. We have had roof
leaks, some structure cracking, water leaks under the road way, and the
harbor area isn't insured.
Click here to read full article:
http://www.hoaleader.com/members/Whats-Appropriate-HOA-Purchase-How-Can-You-Tell.cfm
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Buy, Sell, Trade Bulletin Board: What Else Can Your HOA Take On?
In this week's tip, we warn against stepping into territory that's not part
of your HOA's mission. It's in response to a reader's request for tips for
creating an online bulletin board in conjunction with the HOA's website
where owners could buy, sell, or trade goods and services. Our experts have
many concerns, starting with this one:
Click here to read full article:
http://www.hoaleader.com/members/Buy-Sell-Trade-Bulletin-Board-What-Else-Can-Your-HOA-Take-On.cfm
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Should Your HOA Be in the Business of Marketing Owners' Goods and Services?
An HOAleader.com reader writes, "Our 550-unit association is considering
creating and maintaining an electronic 'bulletin board' through or in
conjunction with our website, where owners could buy, sell or trade goods
and services. It would not (in concept) be available to people outside of the
association. Besides the obvious legal requirements that the association
have no responsibility for the goods or the transactions, does anyone have
any experience they could offer as guidance as part of our research?"
Click here to read full article:
http://www.hoaleader.com/members/Should-Your-HOA-Be-in-Business-Marketing-Owners-Goods-Services.cfm
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