July 17, 2018

Last week, the 9th Circuit Court of Appeals issued an opinion that will impact condominium and homeowners who file for bankruptcy. In essence, the law has changed such that it will be more difficult to collect assessments under a certain type of bankruptcy. Furthermore, there will be new burdens on management companies, attorneys, and debt collectors to assure that associations do not attempt to collect future assessments when an owner has obtained a discharge in a Chapter 13 bankruptcy.

The case, Goudelock v. Sixty-01 Association of Apartment Owners, involved a condominium owner in Washington state who filed a Chapter 13 bankruptcy. Individuals who fil...

November 2, 2016

liability on condo and homeowner associations where the association “knew or should have known of the discriminatory conduct [of owners/tenants] and had the power to correct it.”

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