As a unit owner in a condominium association, you are obligated to pay assessments to the Association for the common expenses incurred to operate and maintain the Association property. When a unit owner fails to pay the assessments, the Association may sue to collect the amount due. Florida statute provides […]
FDCPA & Debts That Can Cause Despair
The Federal Fair Debt Collection Practices Act (“FDCPA”) 15 U.S.C.A. § 1692, et seq. applies to attorneys engaged in the collection of debt for community associations. The language contained in demand letters is a frequent source of FDCPA litigation. Liability is often imposed based on certain words contained in or omitted […]
Continuing Legislative Review
Today’s column is the fourth installment of our annual review of the new laws affecting community associations and will continue our review of the new laws affecting cooperatives, which will become effective July 1, 2018. So far we have looked at changes to the Cooperative Act involving official records and […]
Let No Man Put Us Under
In a decision dated, May 8, 2018, approved for publication, the New Jersey Appellate Division held that N.J.S.A. 46:3-17.4, precludes an unsecured creditor from forcing the partition of real property owned by a debtor and a non-debtor spouse as tenants by the entirety not used a martial residence. Raul Augustin Jimenez, […]