2-Minute Drill Weekly Tweets for 2012-04-06

April 6, 2012 on 7:55 pm | In Weekly Tweets | No Comments

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2-Minute Drill Weekly Tweets for 2012-03-30

March 30, 2012 on 7:55 pm | In Weekly Tweets | No Comments

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Transfer fees paid to homeowners’ associations are safe!

March 23, 2012 on 7:55 pm | In Common Interest Community, HOA, HOA litigation, Susan B. Tarley, Unit Owners Association, Weekly Tweets | No Comments

The Federal Housing Finance Agency (“FHFA”) has changed its proposed rule. As you will recall, FHFA had proposed a rather sweeping rule which called into question the ability of common interest communities to collect transfer fees, capital contributions or similar one-time assessments when a property is transferred. CAI weighed in heavily on this subject matter, pointing out the negative effects of such a rule. The result is that FHFA has revised the proposed rule.

The FHFA press release stated that:

FHFA has determined to propose a rule with a narrower focus. . . . In summary, the principal differences between the proposed guidance and the proposed rule are:

1. FHFA proposes to except from the rule private transfer fees that are paid to homeowners’ associations and similar associations, and to tax-exempt non- profit organizations, where the fees are used for the direct benefit of the encumbered properties.
2. FHFA proposes to make the rule prospective in effect, so that it applies to private transfer fee covenants created after the publication date of this proposed rule.
3. FHFA allows an implementation period of 120 days for the regulated entities.

The public participation was crucial to getting the FHFA to change its proposed rule. More than 4,210 comment letters were sent to the FHFA. This included comments from CAI and numerous homeowners, cooperative, and condominium associations; individuals living within such associations; community associations; and other nonprofit organizations.


Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

Susan Tarley

Republished by Blog Post Promoter

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2-Minute Drill Weekly Tweets for 2012-03-23

March 23, 2012 on 7:55 pm | In Weekly Tweets | No Comments

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2-Minute Drill Weekly Tweets for 2012-03-16

March 16, 2012 on 7:55 pm | In Weekly Tweets | No Comments

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2-Minute Drill Weekly Tweets for 2012-03-09

March 9, 2012 on 7:55 pm | In Weekly Tweets | No Comments

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2-Minute Drill Weekly Tweets for 2012-01-20

January 20, 2012 on 7:55 pm | In Weekly Tweets | No Comments

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Common Interest Communities and debt collection

January 8, 2012 on 10:31 pm | In Weekly Tweets | No Comments

Susan will be making a short presentation at the Virginia Leadership Retreat this weekend regarding efforts by Common Interest Communities to collect debts. Afterwards, we will add her presentation outline to our online library.

As a short introduction to this presentation, the stated purpose of the Fair Debt Collections Practices Act (“FDCPA”) is “to eliminate abusive debt collection practices by debt collectors.” Although many of us do not equate efforts to collect homeowner association assessments with “debt collectors,” the FDCPA has been expanded by judicial interpretation to include these assessments as debts covered by the FDCPA.

Susan’s presentation will outline the penalties for failure to abide by the FDCPA and tips to ensure compliance. We will update this post next week, so you can educate yourself if you cannot make it to the conference this weekend.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

Republished by Blog Post Promoter

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2-Minute Drill Weekly Tweets for 2012-01-06

January 6, 2012 on 7:55 pm | In Weekly Tweets | No Comments
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2-Minute Drill Weekly Tweets for 2011-12-30

December 30, 2011 on 7:55 pm | In Weekly Tweets | No Comments
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