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Association (both property owners’ association and condominium association) meetings are typically held at the community clubhouse or other local building.  However, with the increasing availability and utility of technology, virtual meetings are becoming more commonplace.

Virginia’s General Assembly (Virginia’s state legislature) recently passed legislation, House Bill 1205 (the “Amendment”), amending the Virginia Nonstock Corporation Act, that may increase the use of virtual meetings for property owners’ associations in the Commonwealth.  Note: property owners’ associations are typically non-stock corporations, subjecting them to the Virginia Nonstock Corporation Act. 
Continue Reading Virtual HOA Meetings?: Virginia’s General Assembly Makes It Easier For Property Owners’ Associations To Hold Entirely Electronic Meetings

In a previous post, we discussed the advantages and disadvantages of a memorandum of lien foreclosure.

In this post, we will focus on the process of enforcing an Association’s judgment lien.

When an Association sues a delinquent owner, the Association seeks a monetary damages award (plus attorney’s fees and costs usually) from a court.  If the Association wins, the court awards the Association a monetary judgment.

What’s a Judgment? 

A judgment is merely a piece of paper that states that the delinquent owner owes the Association the delinquent amounts.  A judgment is not a court order to pay.  With the exception of child support or tax debts, delinquent debtors are generally not court-ordered to pay debts.
Continue Reading Stepping Up The Pressure: Using a Judgment Creditor’s Suit to Enforce an Association’s Lien

In our previous post, we considered one method a Community Association may use to preserve and collect its lien for unpaid assessments: the memorandum of lien.

In this post, we will focus on the process of foreclosing on a Community Association’s memorandum of lien.  As we discussed last time, once the memorandum of lien is recorded, it acts as an encumbrance on the property’s title.  Once recorded, the memorandum of lien will be valid for a period of 36 months.

So what may a Community Association do with a memorandum of lien to collect delinquent assessments?  As we discussed in the previous post, simply recording the memorandum of lien does not necessarily mean that the Community Association will be paid.  However, the General Assembly has provided the Community Association with a powerful statutory tool to enforce its memorandum of lien: the nonjudicial foreclosure.Continue Reading Persistence Can Lead to Dollars Part II: Foreclosing on a Memorandum of Lien

One of the most common questions we receive from Community Association clients is how do we preserve our lien for and recover delinquent assessments?

The frustrating reality is that some owners in Community Associations fail to pay their assessments in a timely manner.  These delinquencies can create serious financial issues within the community.  There are a few ways for Community Associations to pursue delinquent assessments.  In part one of this series on collection remedies, we will discuss one method of collection, or rather, preservation, of a Community Association’s lien: the memorandum of lien.

What is a memorandum of lien?

A memorandum of lien is a document that is recorded in the land records of the Circuit Court Clerk’s Office in the city or county where the real property is located.  The memorandum of lien essentially states that the Community Association has a lien encumbering the property for delinquent assessments.  The operative statutes require the Community Association to include certain information on the memorandum of lien, including, but not limited to, the name of the development, a description of the lot, the delinquent amounts and their due dates, and the names of the owners.  Moreover, the Community Association must provide written notice (sent via certified mail at least ten days prior to the filing of the memorandum of lien) to the delinquent owner that a memorandum of lien will be filed if the amounts remain delinquent.
Continue Reading Persistence Can Lead to Dollars: Preserving the Community Association’s Lien for Delinquent Assessments – Part One