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March 2017 Archives

Limitation on Notice of Delinquent Assessments in HOAs (4 of 4)

Limitation on Notices of Delinquent Assessments in HOAs was imposed by the court in In re Guajardo (Bankr ND Cal, Mar. 11, 2016, No. 1531452DM) 2016 Bankr LEXIS 769, *8. For the collection of deliquent assessment in HOAs, the general practice has been, and continues to be,  to record the Notice of Delinquent Assessment with the County Recorder for the specific amount due with a clause that provided the amount would be increased to include all future unpaid assessements.

Indemnity Does Not Always Protect HOA Directors (3 of 4)

Indemnity for an HOA Director does not mean a Director can take actions or fail to take actions without incurring liability.  To avoid liability a Director must act in accordance with the "business judgment rule" and with diligence.

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The Loftin Firm, P.C.

The Loftin Firm, P.C.
5760 Fleet Street
Suite 110
Carlsbad, California 92008-4713

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