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Articles Posted in Default & Foreclosure

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U.S. Supreme Court Holds Debt Collection Firms that Solely Practice Non-Judicial Foreclosure Exempt from FDCPA*

It is no secret that homeowners’ associations (“HOA”) are run and managed through the funds of monthly HOA assessments (“Fees”), and more often than not, HOA’s hire and retain debt collection firms to collect on past due Fees from delinquent members of the community. Sometimes, this leads HOA’s to lose…

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SB 2 Signed: California Legislature Passes the Building Homes and Jobs Act to Address the Affordable Housing Crisis

California is currently facing a serious shortage of affordable housing.  The housing crunch is impacting individuals and businesses in all parts of the state.  Businesses are having trouble attracting and retaining employees and individuals face longer commute times and overcrowding, among a host of other issues. To combat the affordable…

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‘Foreclosure Face-Off’ Article Published in ‘OC View’ Magazine

Be sure to check out Steve Tinnelly’s latest article he authored for the “OC View,” an educational bi-monthly magazine published by the Orange County Regional Chapter of the Community Associations Institute (CAI). The article, entitled “Foreclosure Face-Off,” compares and contrasts the two foreclosure processes available to California HOAs in their…

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HOA Legislative & Case Law Update (2014) Now Available!

Our “Annual Legislative & Case Law Update” newsletter for the year 2014 is now available in our library! The Legislative & Case Law Update provides an overview of the new legislation and case law impacting California Homeowners Associations (“HOAs”) as we head into 2014. The new legislation includes, among other…

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Redemption Rights after HOA Nonjudicial Foreclosure

*New Case Law Earlier this year, we blogged about an appellate court case that underscored the necessity for a homeowners association (“HOA”) to strictly comply with the statutory procedures and requirements applicable to assessment collection. That case focused on various requirements pertaining to the transmittal of notices (i.e., assessment lien…

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Legislative & Case Law Update (2013) Now Available!

Our annual “Legislative & Case Law Update” newsletter for the year 2013 is now available in our library! The Legislative & Case Law Update provides an overview of the new legislation and case law impacting California Homeowners Associations (“HOAs”) as we head into 2013. The new legislation includes, among other…

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The Basics of AB 805: Overview of Changes in Davis-Stirling Act

*New Library Article AB 805, effective January 1, 2014, will make existing California law pertaining to Homeowners Associations (“HOAs”) more logical and user-friendly. The bill’s primary effect is (1) to renumber and reorganize the Davis-Stirling Common Interest Development Act (“the Act”), and (2) to make various minor changes to the…

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Can a HOA Member Inspect HOA Lease Agreements?

*Asked & Answered Asked – As a HOA member, do I have the right to see a copy of a lease agreement pertaining to a home that was acquired by my HOA through foreclosure of an assessment lien? Answered – Yes, you may request to see a copy of the…

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AB 2273: Resecuring HOA Assessment Streams from Foreclosed Properties

*New Legislation Homeowners Association (“HOA”) Boards and industry professionals are keenly aware of the financial impact that the economic downturn has had on HOAs throughout California, especially with foreclosures. The difficulty in identifying/contacting the bank who foreclosed on a property, as well as delays in the recording of certain property…

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Bankrupt Owners in Your Community

*New Resource Community associations (“associations”) often deal with owners overburdened by debt and unable to pay their assessments. These owners may file for bankruptcy to seek financial relief. How does this affect an association? What must an association be aware of? How can an association protect its interests? This blog…