On April 11, 2018, the West Virginia Supreme Court handed down a decision favorable to homeowners associations who wish to collect late fees, interest, and reasonable attorney’s fees on delinquent assessments. See Conkey v. Sleepy Creek Forest Owners Ass’n, 2018 W.Va. Lexis 284 (W.Va., April 11, 2018) .
In Conkey , a homeowners association filed a lawsuit against a property owner in an attempt to collect past due assessments against the property owner, as well as late fees, interest, and reasonable attorney’s fees on that delinquency.
In response to the Complaint, the property owner filed a counter-claim against the homeowners association alleging that ...