Fleet v. Webber Springs Owners Ass’n

At issue in this case was a dispute between a homeowners association that was a West Virginia Limited Expense Planned Community (“Association”), and homeowners who failed to pay their association assessments (“Homeowners”). The instant conflict revolved around the Association’s ability to place a lien on the real property of homeowners whose dues were delinquent. The Association filed separate complaints against the Homeowners, who responded by filing separate answers and counterclaims asserting violations of the West Virginia Consumer Credit Protection Act (WVCCPA). The circuit court consolidated the cases and granted partial summary judgment in favor of the Association as to all of the Homeowners’ counterclaims, concluding (1) the Association had valid common law liens against the Homeowners’ real property; and (2) a homeowner associations’ attempts to collect assessments are not subject to the WVCCPA. The Supreme Court affirmed in part, reversed in part, and remanded, holding (1) an association is statutorily authorized to assert a consensual common law lien against real property; and (2) the unfair debt collection provisions of the WVCCPA do apply to a homeowner association’s attempts to collect delinquent assessments. View "Fleet v. Webber Springs Owners Ass’n" on Justia Law