Tag Archives: Liens

Community Associations

Are Legal Remedies of Owners and HOAs Equitable?

Supreme Court Justice Anthony Kennedy recently wrote in an opinion that, “Property rights are necessary to preserve freedom, for property ownership empowers persons to shape and to plan their own destiny in a world where governments are always eager to do so for them.” Murr v. Wisconsin, 198 L.Ed.2d 497, 509 (U.S. Jun. 23, 2017). […]

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Community Associations

Don’t Go it Alone on a Notice of Violation

By law, the homeowners govern mandatory property associations, whether for single-family homes or condominiums. They are roughly equivalent to the shareholders in a corporation. The property manager and employees answer to the board of directors, who in turn answers to the owners. Unfortunately, many homeowners have experiences where this structure seems turned upside down. The […]

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Community Associations Foreclosures

The Future in Virginia of Foreclosure of Condominium Association Liens

Today’s blog post is the third installment in a series on the emerging trend of foreclosure of condominium association liens on private property owners. In a previous article, I discussed a new appellate court decision, Chase Plaza Condominium v. Wachovia Bank, recognizing the right of an association under the D.C. Code to sell a condo […]

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Community Associations Foreclosures

Can A Condominium Association Foreclosure Extinguish a Mortgage Lien?

On October 16, 2014, I asked in a blog post, “What Rights Do Lenders and Owners Have Against Property Association Foreclosure?” In that installment, I discussed a Nevada foreclosure case that was not between the borrower and the lender. It reflected a litigation trend between the lender, homeowners association and the federal government. Today’s article continues […]

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Community Associations Foreclosures

What Rights Do Lenders and Owners Have Against Property Association Foreclosure?

How are Virginia homeowners to evaluate competing threats from their mortgage bank and property association foreclosure? For many years, owners unable to pay their bills associated with their homes have focused on the threat of foreclosure from their mortgage lender. Homeowners’ Varying Obligations to Lenders and Property Associations: The conventional wisdom, in Virginia at least, is that […]

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