The District of Columbia and 21 states have statutes that give condominium associations a super-priority over the first deed of trust for unpaid assessments. In D.C., the super-priority is limited to six months of unpaid assessments. Thus, a condominium association has the right to foreclose on a condominium lien and…
Winter is becoming more brutal in various parts of the country. If Association do not prepare before the worst of winter’s weather hits, they will be overwhelmed with daily issues. Here are a few tips that will help your community prepare for the worst. Designate Areas for Snow Removal before…
Condo foreclosures have become more attractive in D.C. since the D.C. Court of Appeals’ recent ruling in Chase Plaza Condominium Association vs. JP Morgan Chase Bank. The Court of Appeals ruled that if an Association forecloses on its super-priority lien and there are not enough proceeds from the sale to…
What do pet owners, homeowners associations and landlords all have in common? They may be held liable for injuries caused by an animal attack on any premises deemed to be under their control. Under common law, domestic animals such as dogs and cats are regarded as not inherently dangerous pets….
All homeowner’s associations have to deal with owners who don’t pay dues. Even those with fairly low delinquencies will have a few owners that constantly fall behind. However, when owners stop paying the Association’s operational funds decrease while the operational expenses stay the same or increase. This puts HOAs in…
You’d be surprised to learn how hard people will fight over sentimental items. I always advise my clients to leave a memorandum of wishes attached to their will itemizing sentimental personal goods. I draft a form for them to take home and attach to their will once they’ve listed everything,…
My clients often want to leave the division of personal property up to their heirs. They usually say something like, “They’ll do the right thing.” I always want to respond, “Wrong answer.” I know this from experience. I was riding in the car with my godmother who told me that…
At long last, the Council has unanimously voted to approve proposed amendments to D.C.’s condo law. The law, originally known as The Condominium Act of 1976, has now been amended to incorporate many important changes of which Associations and Boards should be made aware. The Mayor signed the bill into…
Council member Muriel Bowser (D-Ward 4) introduced legislation last month that establishes new requirements for condominium associations before they can foreclose on unit owners who are delinquent on their monthly assessments. This bill, co-sponsored by council member Kenyan McDuffie (D- Ward 5), creates several new requirements for Associations including (1)…
Negotiating a settlement is not easy. There are a few pointers and skills, however, that have helped me settle many cases successfully while remaining civil with the other side. Remember negotiating is an art form. There is no right or wrong way to do it. The tips below are general…
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