YES! The generally accepted ranking of preferred creditors are municipalities first, then HOA's and then banks holding the mortgage, followed by the rest. Sometimes HOA's sign waivers in lieu of…
Conflicting High Court cases in the past posed a higher risk on HOA members in the case of liquidation or sequestration of neighbouring owners. Luckily, two recent Supreme Court cases…
Management Rule 31(5) provides that “An owner shall be liable for and pay all legal costs, including costs as between attorney and client, collection commission, expenses and other charges incurred…
The owner can not include the HOA as a creditor, due to above reasons. A HOA should oppose this, and immediately enter a claim towards the total outstanding amount.
The answer is no, because: It is not a credit Transaction; it is stipulated by the Act. The HOA is just recovering budgeted-for expenses it has to pay according to…
An owner cannot lawfully request levies to be refunded to him, unless he can prove that a part or whole of the levies were levied unlawfully by the HOA. (PMR…
An owner can not legally withhold payment to ‘set-off’ a debt he believes is owed to him by the HOA. It is not allowed to “set-off” one debt for another. That can only…