Most people don’t think of a simple slip when they picture a serious injury. Nevertheless, the slip-and-fall accident is one of the most common ways a person can find themselves in the hospital.
When the slip and fall is the result of another party’s negligence, it becomes a more serious issue. The fact that you are now injured is their responsibility. This was the situation recently when a man in Fort Lauderdale, Florida slipped and fell on a banana peel while at Walmart.
On May 8, 2018, Brian Fellner, Esq. and Craig Zaller attended the CAI Advocacy Summit in Washington D.C., along with approximately 50 other CAI Members from across the Country. At the Summit, CAI representatives met with various politicians and/or their Legislative Correspondents to address three issues that affect our communities at the federal level.
District of Columbia Foreclosure
This month we will address the foreclosure process for Condominiums located in the District of Columbia. This remedy is generally appropriate for the difficult to collect and high balance delinquent condominium accounts. The result of a foreclosure auction sale is the non-paying owner no longer owns the property and the Condominium either receives some proceeds from that sale to satisfy the debt, or may obtain title itself to the property. After the sale of the property is complete, the accrual of assessments will cease. Of course, prior to the sale of the property at a foreclosure auction, the non-paying owner may seek to enter into a payment plan, a make a partial payment, or may make payment in full, which may prove to be the best possible result for the Condominium.
COLLECTIONS CORNER
Reminder- Voicemail Office Policy
This month we are highlighting the current Nagle & Zaller policy with respect to leaving voicemail messages for delinquent homeowners. As you may be aware, in 2016 our office formally adopted a policy on leaving messages based on cutting-edge case law emerging from courts around the county at that time. We want to remind you of our policy and the reasons why we implemented it a few years ago. Further, a couple new cases have been decided on this issue since 2016 that have reaffirmed the need to manage how and when we leave voicemail messages for delinquent homeowners.
SPECIAL CLIENT LETTER
May 1, 2018
MARYLAND LEGISLATIVE UPDATE 2018
Craig B. Zaller, Esq.
The 2018 legislative session for the State of Maryland was very active. The General Assembly considered many bills that impact community associations. Below, is a recap of each law that we believe may impact your community. And, I have also noted a few proposed laws that did not pass but which may be considered in the future.
SPECIAL CLIENT LETTER
May 1, 2018
DISTRICT OF COLUMBIA LEGISLATIVE UPDATE 2018
Brian R. Fellner, Esq.
As we noted last year, the Council for the District of Columbia revised the DC Condominium Act substantially in a few important ways. This legislative season, the Council has considered three additional bills that, if passed, will impact condominiums and other common ownership communities within the District.
We all know that drinking alcohol behind the wheel is extremely dangerous. Likewise, we’ve all heard about the risks associated with texting while driving. But have you ever stopped to think about the hazards of eating on the road? Like other types of distractions, eating can take a driver’s attention away from what is most important.
COLLECTIONS CORNER
Foreclosure/Writ of Execution
This month we are highlighting the process of determining whether a delinquent homeowner's account should be considered for a statutory foreclosure or writ of execution (sometime commonly referred to as a Sherriff's Sale). Either a statutory foreclosure or writ of execution divests the current non-paying homeowner from title to the property and, as such, are two of the most aggressive tools available to a Community. These remedies should be considered for the difficult to collect and high balance delinquent homeowner accounts. The result with either process is a change of ownership in the title of the property. The non-paying owner will no longer own the property after the time of the sale and the accrual of their assessments will cease. Of course, a payment plan or payment in full may be received prior to the sale date which is the best outcome for the Community.
SPECIAL CLIENT LETTER
April 9, 2018
IS E-MAIL VOTING BY A BOARD ALLOWED?
John E. Tsikerdanos, Esq.
In today's busy world, many people struggle to find a balance between work obligations and spending time with family and friends. This is especially true for the members of a Board of Directors, who also must find time in their schedules to address the myriad of issues impacting their respective communities, many of which are time sensitive. While it is our advice that a Board of Directors should meet in person to conduct business of the Association, as a practical matter, how can a Board of Directors run the affairs of the Association when the members cannot find time to meet in person? Is a Board permitted under current Maryland law to conduct business via e-mail?
60/40 Contingency Cases
We are excited to announce a new feature to our monthly Special Client Letter. In addition to the specific work being done on the collection accounts for your Community, we want to highlight recent cutting-edge issues related to our collection practice, whether that be a new development in the law, a new member to our growing team or one of the unique parts of our practice at Nagle & Zaller that we have to offer your Community.
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Nagle & Zaller, P.C.
7226 Lee DeForest Dr.
Suite 102
Columbia,
MD
21046
Phone:
443-535-6940
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