Fair Debt Collection Requirements Must Be Followed Strictly

Assessments, Collections, Enforcing Bylaws & Rules, Federal Laws/Regulations, Lawyers, Michigan Condo & HOA Law

A recent decision in Essique v. Walnut Woods Condominium Association, No. 2:15-CV-12049, 2016 WL 7337246 (E.D. Mich. Dec. 19, 2016) is a good example of how important it is to strictly comply with the requirements of the federal Fair Debt Collection Practices Act (FDCPA). Following is the judge’s summary of the requirements pertinent to the case…

Appeals Court Interprets “Residential Use” to Exclude Transient Leasing

Condominium Documents, Enforcing Bylaws & Rules, Michigan Condo & HOA Law, News, Renting

An interesting case was recently decided by a Texas Court of Appeals in the matter of Tarr v. Timberwood Park Owners Association, Inc., No. 04-16-00022-CV (Tex. App. Nov. 16, 2016). Timberwood Park’s governing documents stated that the homes in the subdivision were to be used exclusively for residential purposes but did not contain any specific prohibition…