Author: Carpenter Hazlewood

Changes in the Law Affecting HOA Collections in Chapter 13 Cases

In a significant reversal of current case law, the 9th Circuit Court of Appeals recently ruled that post-petition HOA assessments are dischargeable in a chapter 13 bankruptcy case.

The opinion, in Goudelock v. Sixty-01 Ass’n of Apartment Owners, 895 F.3d 633 (9th Cir. 2018), was handed down July 10, 2018. The Court held that the obligation to pay assessments arises when a property is purchased, and the ongoing monthly assessments are simply a contingent or unmatured form of the debt. In so doing, the Court concluded that the debtor/owner’s obligation to pay future assessments is dischargeable under Chapter 13 of the Bankruptcy Code. The Court did note that a community association’s ability to obtain stay relief and foreclose remains unaffected. (more…)

Javier Delgado Selected by College of Community Association Lawyers (CCAL) to Present at the 2019 Law Review

January 23-26, 2019, New Orleans, LA – The College of Community Association Lawyers recently selected it’s presenters for the 2019 Law Review to be held in New Orleans, LA in January. Javier Delgado, Shareholder of Carpenter, Hazlewood, Delgado & Bolen was selected to present on the topic of dealing with legal matters, ethics and social media. CCAL provides advanced professional educational programs to its fellow, identifies, and contributes to the solution of community association challenges. It is a collegial forum for the exchange and development of ideas by some of the most knowledgeable attorneys in community association law. (more…)