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Collections

Collection of Delinquent Assessments Through Bankruptcy By: Jillian M. Henzler, Esq.
Published

Collection of Delinquent Assessments Through Bankruptcy By: Jillian M. Henzler, Esq.

When an owner becomes delinquent on association assessments or other obligations, they may consider bankruptcy as a solution to their financial problems.  A bankruptcy filing triggers a number of federal laws that affect an association’s ability to collect delinquent assessments. Most notably, upon the filing of a bankruptcy petition,...

The COVID Collections Crisis, By: Jillian M. Henzler, Esq.
Published

The COVID Collections Crisis, By: Jillian M. Henzler, Esq.

The COVID-19 pandemic created a year of unforeseen circumstances and changed virtually every aspect of our daily lives.  The federal response to the COVID-19 pandemic came in the form of the Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, which was signed into law on March...

Published

Winterization By M. Katherine Bushey, Esq.

The trees have turned colors and leaves have fallen.  Is your association protected from the cold weather? It is that time of year again in Ohio where boards should remind all residents and occupants that their heat should be kept at a minimum of 55 degrees to protect the...

Published

Protections for an Association Against Bad Faith Bankruptcy Filings

Federal bankruptcy laws are intended to provide debtors with a fresh start. When a property owner files bankruptcy, federal bankruptcy law imposes an automatic stay on all collection activities, including foreclosure. All “pre-petition” debts (the amount owed at the time of the bankruptcy filing) are handled through the bankruptcy...

Published

Short Sales and Community Associations

A short sale is a common alternative to foreclosure when a delinquent owner owes lien holders on the property more money than the property is actually worth.  A short sale can occur prior to the filing of a foreclosure action, but it is still a frequently used alternative to...