Berezovsky v. Moniz

Nevada statute giving super-priority lien to homeowners’ associations for non-payment of dues is pre-empted by federal Housing and Economic Recovery Act, so HOA liens cannot trump Freddie Mac’s secured interest.  The federal Housing and Economic Recovery Act 12 USC 4517(j)(3) provides that  “[n]o property of the [FHFA] shall be subject to levy, attachment, garnishment, foreclosure,…

Retzloff v. Moulton Parkway Residents’ Assn. No. 1

A homeowners’ association may recover costs, but not attorney fees, from a homeowner who brings a frivolous suit to inspect the association’s records.  Under Civ. Code 5235(a), a member of a homeowners association may sue the association to compel it to allow inspection and copying of association records.  Subdivision (c) of the section provides:  “A…