In Yarmouth Commons Ass’n v Norwood, et al., 299 F. Supp.3d 862 (E.D. Mich., 2017), the United States District Court for the Eastern District of Michigan held that a prior recorded condominium lien had priority over a federal tax lien but only to the extent
Even though the real estate market is gradually improving, condominium and homeowner communities are still faced with instances where a delinquent member abandons their condominium unit and stops mortgage payments, but the lender does not foreclose. While condominium associations often believe they are “stuck” in
Condominium associations are solely dependent upon the collection of assessments from their members for their survival and to purchase and provide the goods and services necessary for the maintenance of the project for the benefit of its members. Thus, when a Co-owner files for bankruptcy,
Introduction Community associations are often faced with the challenge of collecting unpaid assessments from delinquent owners. Initial collection efforts typically involve sending demand letters, suspending recreational facility privileges (if permitted by the documents), and suspending voting privileges (if permitted by the documents). When these efforts are
Condominium assessments are the lifeblood of any condominium association. A condominium association cannot function and provide essential services to co-owners unless assessments are collected. Unfortunately, dissatisfied co-owners often threaten to escrow or withhold assessments as a means to get what they want. Examples of situations
The Board of Directors for condominium associations is often faced with delinquent co-owners who fail to pay assessments or fines. Typically, the Association seeks voluntary compliance with the co-owner to obtain payment, but sometimes the Association is forced to pursue a judgment against the delinquent
