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Deliquent HOA Dues and Collection is an Area of Case Law to Watch

| Mar 4, 2014 | HOA

In the Huntington Townhouse Association, Inc. vs. The J.M. Trust (2014 WL 17300) the Appellate Division of the Orange County Superior Court in a case involving foreclosure of an assessment line, found that the HOA must accept partial payments of the HOA Dues and credit those payments against the principal amount of HOA Dues, excluding collection, interest, late fees and so on. As to the cost of collection, there was no collection method discussed in the decision. The decision is certified for publication by the Appellate Division, but also certified for appeal to a higher court. If the appeal is accepted, then the decision will be decertified. As experienced HOA attorneys we are carefully monitoring developments and are available to advise on these matters.