Boards have a
duty to collect assessments from members. A "
litigation privilege" attaches to the
publication of an assessment lien even if the homeowners association has
not decided, at the point the lien is filed, that it will pursue a
judicial foreclosure, and even if the lien is ultimately enforced by a
private sale. To conclude otherwise would make the privilege hinge upon
factual inquiries into which remedy associations intended to use, and
might lead associations to resort to judicial foreclosure in every case
simply to avoid the risk of tort liability.
The Legislature has given homeowners
associations a remedy of private sale, and court must avoid deterring the
use of that remedy while at the same time protecting associations'
access to the courts for purposes of judicial foreclosures. The
litigation privilege is created to afford "the utmost freedom of access
to the courts without fear of being harassed subsequently by derivative
tort actions." (
Wilton v. Mountain Wood HOA.)
ASSISTANCE: Associations needing legal assistance can
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