92. HELP – I’m looking for how to handle delinquent assessments, I remember WVOHOA had a workshop on collecting delinquent assessments – did WVOHOA record what the lawyers went over?

 

WVOHOA retained related information and what you may be looking for is: consumer protection and what you cannot do under federal law: Fair Debt Collection Practices Public Law 111-203, title X, 124

Fleet v. Webber Springs Owners Ass’n, Inc., No. 14-0637
(W. Va. Apr. 23, 2015). WV Supreme Court of Appeals

The court determined that homeowners association assessments that are to be used for improving and/or maintaining common areas of a planned community… are an obligation primarily for personal, family, or household purposes, and, therefore, such assessments are ‘claims’ pursuant to WV Code §46A-2-122(b)(1996).

WV amended 46A-2-122(b) with WV Senate Bill 563 April 5,  2017
in effect 90 days from passage.

REMEMBER: planned community purchasers agreed to and signed a consensual lien, e.g. a voluntary promise to pay their assessments.