Barker Martin

Condo-HOA Blog - July, 2018

New Case Law Involving Chapter 13 Bankruptcy Debtors

The 9th Circuit United States Court of Appeals issued an opinion recently in Goudelock v. Sixty-01 Association of Apartment Owners holding that an owner's personal obligation to pay assessments that become due after the debtor has filed a Chapter 13 bankruptcy are dischargeable under ยง1328(a) of the Bankruptcy Code. This means that if an owner receives a discharge in a Chapter 13 bankruptcy case filed in Washington, Oregon, Alaska, Arizona, California, Hawaii, Idaho, Montana, or Nevada, that owner will no longer be personally obligated to pay any post-petition assessments. read more

Beware Binding Arbitration

Over the last several years, mandatory arbitration provisions have become more and more prevalent in the contracts we sign and agreements we make. They have appeared in nearly every agreement we enter into as consumers - including the warranties for products we buy and agreements for services we use. That is no different for community associations. It is exceedingly important to be aware of when your association's contract requires arbitration instead of seeking a remedy through the court system. read more

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