Real Estate Law

Recent Posts

Fishing Hole Fight Fails To State Claim For Harassment And Discrimination
Posted on 27 Aug 2015 by Peter J. Gallagher

A morning out fishing on the lake ended up in a lawsuit between two residents of a gated community. In Chrzanowski v. Harriz, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], plaintiff and defendant were both members... Read More

WV Homeowners Associations Found to be Debt Collectors
Posted on 28 Aug 2015 by Steptoe & Johnson PLLC

In West Virginia, homeowners associations (HOAs) now need to worry about how they go about collecting delinquent fees. If HOA debt collection efforts do not comply with the West Virginia Consumer Credit and Protection Act (the WVCCPA), an HOA could face... Read More

D.C. Court of Appeals Extinguishes Lender’s Mortgage Lien Following Association Lien Foreclosure
Posted on 24 Sep 2014 by Ballard Spahr LLP

By Roger D. Winston and Joseph E. Lubinski A recent decision by the District of Columbia Court of Appeals brings into renewed focus the tension between condominium and homeowner associations and lenders when it comes to payment of delinquent association... Read More

Lenders’ Rights Under Threat in Nevada: the Nevada Supreme Court Rules That Homeowners Association Liens Can Extinguish First Deeds of Trust
Posted on 19 Dec 2014 by GreenbergTraurig

In a September 2014 ruling, the Nevada Supreme Court held that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first deed of trust on a property if that foreclosure is to... Read More

Lenders Get Protection Under New Amendments to Nevada’s HOA Lien Priority Statute
Posted on 14 Jul 2015 by GreenbergTraurig

In a September 2014 ruling, the Nevada Supreme Court sent shockwaves through the lending community by holding that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first... Read More

HOA Lien Extinguishes First Deed of Trust in Foreclosure, Nevada Supreme Court Holds
Posted on 24 Sep 2014 by Ballard Spahr LLP

By Abran Vigil and Matthew D. Lamb On the heels of a recent D.C. Court of Appeals ruling , [ enhanced version available to lexis.com subscribers ], the Nevada Supreme Court issued an opinion last Thursday holding that a homeowners association (HOA... Read More

Nevada Amends Laws Regarding Homeowners’ Association Liens
Posted on 9 Sep 2015 by Ballard Spahr LLP

While an amended Nevada Senate bill does not change the Nevada Supreme Court’s seminal holding that an association lien is a true priority lien that, when properly foreclosed, may extinguish a first deed of trust, [subscribers can access an enhanced... Read More

Condo Association Not Immune From Liability For Slip-And-Fall On Its Private Sidewalk
Posted on 1 Sep 2015 by Peter J. Gallagher

The latest chapter in the "can I be sued if someone slips and falls on the sidewalk in front of my house after it snows" saga has been written. In Qian v. Toll Brothers Inc., [subscribers can access an enhanced version of this opinion: lexis... Read More

New Utah Law Prohibits Unequal Treatment of Rental Units by Homeowners Associations
Posted on 29 Jun 2015 by Ballard Spahr LLP

By Thomas G. Bennett and Melanie R. Clark Recent revisions to Utah law clarify the role and authority of homeowners associations in restricting owners’ renting out of their units, and may require associations to take action to comply. House... Read More