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Lawyers love their legal maxims. One of my personal favorites is incendium aere alieno non exuit debitorem. It means a fire does not release a debtor from his debt. Many people think that a homeowners association’s assessments are completely wiped out when one of its homeowners files for bankruptcy. That is not true. Bankruptcy may not kill collections! The bankruptcy laws and attorney...

The success of an association, in large part, depends on its fiscal wellbeing. Associations rely on its members to pay their dues in order to ensure maintenance of all the common areas that owners not only enjoy, but that increase property value. What follows are eight techniques for keeping your association’s delinquencies at a minimum: 1. Know your owners. An owner that feels like they...

We have all watched as the economy has taken a massive downturn. As individuals suffer, so do the communities that they live in, specifically homeowner associations. Bankruptcies, foreclosures, short sales and abandoned properties are all too common. Individuals who are unable to meet their financial obligations are forced to decide if they should make their car payment, mortgage payment, or...

Our country’s recession has affected all aspects of life in our country, and homeowner associations have taken the brunt of some of the worst of it. The majority of associations throughout the country, Utah being no exception, are now having to deal with increases in past-due assessments, foreclosures, bankruptcies, and short sales. Homes are losing equity, banks are afraid to lend, and...