Andrew Ladick v. Gerald J. Van Gemert Law Offices of Gerald J. Van Gemert, a Prof'l Corp., 146 F.3d 1205 (10th Cir. 1998). · Go Syfert
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Andrew Ladick v. Gerald J. Van Gemert Law Offices of Gerald J. Van Gemert, a Prof'l Corp., 146 F.3d 1205 (10th Cir. 1998). Cases Citing This Book View Copy Cite
“condominium assessment owed by mr. ladick to his condominium association qualifies as a debt under the fdcpa”
27 citation events (23 in the last 25 years) across 16 distinct courts.
Strongest positive: McDermott v. Marcus, Errico, Emmer & Brooks, P.C. (mad, 2012-11-20)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Statutes interpreted (leading-cases list)
#4 15 U.S.C. § 1692p cited 1× in this case · 14 total citations of statute
Top citers, strongest first. 10 distinct citers.
discussed Cited as authority (verbatim quote) McDermott v. Marcus, Errico, Emmer & Brooks, P.C. (2×) also: Cited as authority (rule)
D. Mass. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
condominium assessment owed by mr. ladick to his condominium association qualifies as a debt under the fdcpa
discussed Cited as authority (rule) Yocum
D. Utah · 2026 · confidence medium
But the Tenth Circuit has held that a condominium association’s assessment fee qualifies as a ‘debt’ within the meaning of the FDCPA.28 In Ladick v. Van Gemert, the court rejected the defendant’s argument that the fee was “more like a tax than a debt” and did not qualify as a debt because “the obligation to pay the assessment must arise from a specific transaction or agreement with the condominium association.”29 Instead, the court held that “the obligation to pay a condominium assessment arises in connection with the purchase of the condominium itself.”30 It reasoned that …
discussed Cited as authority (rule) Makhnevich v. Bougopoulos
E.D.N.Y · 2022 · confidence medium
Servs., LLC, 841 F.3d 944, 951 (11th Cir. 2016); Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC, 698 F.3d 290, 294 (6th Cir. 2012); Ladick v. Van Gemert, 146 F.3d 1205, 1206 (10th Cir. 1998); Newman v. Boehm, Pearlstein & Bright, Ltd., 119 F.3d 477, 481 (7th Cir. 1997). collection activities.
discussed Cited as authority (rule) Goshen Run HOA v. Cisneros
Md. · 2020 · confidence medium
Servs., LLC, 841 F.3d 944, 951 (11th Cir. 2016) (holding that the term “debt” under both the FDCPA and the Florida Consumer Collection Practices Act was broad enough to encompass homeowners’ obligations to pay a fine imposed by a HOA pursuant to the association’s governing documents); Haddad v. Zelmanski, Danner & Fioritto, PLLC, 698 F.3d 290, 291 (6th Cir. 2012) (holding that condominium owner’s obligation to pay assessments constituted “debt” under the FDCPA and the Michigan Debt Collection Practices Act); Ladick v. Gemert, 146 F.3d 1205, 1206-7 (10th Cir. 1998) (concluding tha…
discussed Cited as authority (rule) Chris Jaye v. Oak Knoll Village Condominium
3rd Cir. · 2018 · confidence medium
See Martin v. Duffy, 858 F.3d 239, 247 (4th Cir. 2017) (“repeated, ineffective attempts at amendment suggest that further amendment of the complaint would be futile”). 2 In light of this determination, we will not address the District Court’s conclusion that Jaye’s FDCPA’s claims were barred by the Rooker-Feldman doctrine, or BMK and Attorney Rowland’s arguments that they are not “debt collectors” and that condominium assessments are not “debts.” See Heintz v. Jenkins, 514 U.S. 291, 299 (1995) (holding that a “debt collector” includes an attorney who “ ‘regularly’…
discussed Cited as authority (rule) Hamilton v. United Healthcare of Louisiana, Inc. (2×)
5th Cir. · 2002 · confidence medium
Thus, courts have determined that an obligation to pay home owner's association dues, Ladick v. Van Gemert, 146 F.3d 1205, 1207 (10th Cir.1998); Newman v. Boehm, Pearlstein & Bright, Ltd., 119 F.3d 477, 482 (7th Cir.1997), an obligation to pay for water and sewer service, Pollice v. Nat'l Tax Funding, L.P., 225 F.3d 379, 401 (3d Cir.2000), an obligation to make good on a dishonored check, Snow v. Jesse L.
discussed Cited as authority (rule) Loigman v. Kings Landing Condominium Ass'n
N.J. Super. Ct. App. Div. · 1999 · confidence medium
Pearlstein & Bright, Ltd., 119 F. 3d 477 (7th Cir.1997); Bass v. Stolper, Koritzinsky, Brewster & Neider, S.C., 111 F. 3d 1322, 1326 (7th Cir.1997); the Eighth Circuit, Duffy v. Landberg, 133 F. 3d 1120 , 1123-1124 (8th Cir.1998), cert. denied ___ U.S.___, 119 S.Ct. 62 , 142 L.Ed. 2d 49 (1998); the Ninth Circuit, Charles v. Lundgren & Assoc., P.C., 119 F. 3d 739 , 742 (9th Cir.1997), cert. denied ___ U.S.___, 118 S.Ct. 627 , 139 L.Ed. 2d 607 (1997); the Tenth Circuit, Ladick v. VanGemert, 146 F. 3d 1205, 1206 (10th Cir.1998); and the Eleventh Circuit, Brown v. Budget Rent-A-Car Sys., Inc., 119…
discussed Cited "see, e.g." Edward Michael Kelly v. Julie Duggan
Fla. Dist. Ct. App. · 2019 · signal: see also · confidence medium
When a home buyer must contractually agree to pay homeowners’ assessments in order to purchase a home, that home buyer takes on ‘debts’ for those assessments under the FCCPA.” Id. at 951 ; see also Ladick v. Van Gemert, 146 F.3d 1205, 1205 (10th Cir. 1998) (holding that condominium assessments are debts subject to the FDCPA); Kelly v. Dunlap & Shipman, P.A., No. 4:16cv709-RH/CAS, 2017 WL 528487 , *1 (N.D.
discussed Cited "see, e.g." James R. and Jamila J. Fleet v. Webber Springs Owners Assoc. (2×)
W. Va. · 2015 · signal: see also · confidence low
See also Ladick v. Van Gemert, 146 F.3d 1205 , 1205 & 1207 (10th Cir. 1998) (concluding that “assessment owed to a condominium association qualifies as a ‘debt’ within the meaning of the Fair Debt Collection Practices Act” based upon express finding that, “although the assessment at issue here is used to maintain and repair the common area, it nevertheless has a primarily personal, family, or household purpose.”); Williams v. Edelman, 408 F. Supp. 2d 1261, 1266 (S.D.
discussed Cited "see, e.g." Caron v. Charles E. Maxwell, P.C.
D. Ariz. · 1999 · signal: see, e.g. · confidence medium
See, e.g., Ladick v. Van Gemert, 146 F.3d 1205, 1205 (10th Cir.1998) (holding that an assessment owed to a condominium association qualified as a “debt” within the meaning of the FDCPA); Thies v. Law Offices of William A. Wyman, 969 F.Supp. 604, 608 (S.D.Cal.1997) (same).
Andrew LADICK, Plaintiff—Appellant,
v.
Gerald J. VAN GEMERT; Law Offices of Gerald J. Van Gemert, a Professional Corporation, Defendants—Appellees
97-1147.
Court of Appeals for the Tenth Circuit.
Jun 9, 1998.
146 F.3d 1205
O. Randolph Bragg, Horwitz, Horwitz & Associates, Chicago, Illinois (Vincent C. Todd, Lakewood, Colorado, with him on the briefs), for Appellant., Gerald J. Van Gemert (James A. Judge with him on the brief), Gerald J. Van Ge-mert, P.C., Irvine, California, for Appellees.
Anderson, Ebel, Henry.
Cited by 18 opinions  |  Published
STEPHEN H. ANDERSON, Circuit Judge.

The question presented in this appeal is whether an assessment owed to a condominium association qualifies as a “debt” within the meaning of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692o. Guided by our recent decision in Snow v. Riddle, 143 F.3d 1350 (10th Cir.1998), which interprets the term “debt” under the FDCPA, we hold that it does. We therefore reverse the district court’s contrary judgment and remand for further proceedings.

BACKGROUND

Andrew Ladick brought this action in federal district court against Gerald J. Van Ge-mert and the Law Offices of Gerald J. Van Gemert (“Mr. Van Gemert”), seeking declaratory judgment and statutory damages for violations of the FDCPA. Mr. Ladick alleged that Mr. Van Gemert, an attorney, sent him a letter on behalf of a California condominium association demanding payment of a past-due condominium assessment fee. According to the complaint, the letter violated the FDCPA in that it failed to give a “validation notice” and did not expressly disclose that Mr. Van Gemert was attempting to collect a debt and that any information obtained[*1206] would be used for that purpose. See 15 U.S.C. §§ 1692p, 1692e. After both parties moved for summary judgment, the district court found that the condominium assessment sought to be collected by Mr. Van Gemert was not a “debt” under the FDCPA and granted summary judgment in favor of Mr. Van Gemert and his law firm. Mr. Ladick appeals.

DISCUSSION

“We review the grant or denial of a motion for summary judgment de novo, applying the same legal standard used by the district court pursuant to Fed.R.Civ.P. 56(c).” Sender v. Simon, 84 F.3d 1299, 1303 (10th Cir.1996). Where there is no genuine issue of material fact in dispute, we determine whether the substantive law requires judgment for the moving party. Id:

Under the FDCPA, a “debt”

means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

15 U.S.C. § 1692a(5). Mr. Van Gemert argues that the condominium assessment does not involve an extension of credit, and is more like a tax than a debt. In particular, he asserts that the assessment at issue here is more like a tax because it is similar to a municipality levying a tax on its residents. See Appellees’ Br. at 10-13.

Just last month, in Snow v. Riddle, 143 F.3d 1350 (10th Cir.1998), we stated that under the plain meaning of this statutory definition, “an offer or extension of credit is not required for a payment obligation to constitute a ‘debt’ under the [FDCPA].” Id. at 1353. This conclusion is consistent with the Seventh Circuit’s holding in Bass v. Stolper, Koritzinsky, Brewster & Neider, S.C., 111 F.3d 1322, 1326 (7th Cir.1997), as well as the holdings of several other circuits which have addressed this issue. See, e.g., Duffy v. Landberg, 133 F.3d 1120, 1123-24 (8th Cir.1998); Charles v. Lundgren & Assoc., P.C., 119 F.3d 739, 742 (9th Cir.1997); Brown v. Budget Rent-A-Car Sys., Inc., 119 F.3d 922, 924 (11th Cir.1997). But see Zimmerman v. HBO Affiliate Group, 834 F.2d 1163, 1168-69 (3d Cir.1987) (construing the FDCPA as requiring an offer or extension of credit).

It is but a small step from our holding in Snow to the resolution of Mr. Van Gemert’s additional argument. Mr. Van Gemert argues that even if an extension of credit is not necessary, the condominium assessment at issue here still does not qualify as a debt because Mr. Ladick’s obligation to pay did not arise from a “transaction” within the meaning of the FDCPA. Appellees’ Br. at 14. In particular, he asserts that in order to qualify as a debt, the obligation to pay the assessment must arise from a specific transaction or agreement with the condominium association. Id. at 2, 4, 14-15. According to this argument, Mr. Ladick’s condominium purchase did not constitute such an agreement.

We reject this argument, and instead follow the reasoning of the Seventh Circuit in Newman v. Boehm, Pearlstein & Bright, Ltd., 119 F.3d 477 (7th Cir.1997), which, building upon its reasoning in Bass, held that the obligation to pay a condominium assessment arises in connection with the purchase of the condominium itself. Newman, 119 F.3d at 481; see also Thies v. Law Offices of William A Wyman, 969 F.Supp. 604, 607 (S.D.Cal.1997) (applying Newman and holding that the obligation to pay homeowners association fees based on a covenant running with the property constituted a “transaction” within the meaning of the FDCPA). Under this reasoning, Mr. Ladick became obligated upon purchasing his condominium unit to pay any assessments pursuant to the governing documents of his association, the Rancho Santa Margarita Recreation and Landscape Corporation, as well as under the California statute addressed to condominium property. See Appellant’s App. at A-30; Davis-Stirling Common Interest Development Act, Cal. Civ. Code §§ 1350-77. The assessment at issue in this case therefore qualifies as an “obligation of a consumer to pay money arising out of a transaction.” 15 U.S.C. § 1692a (5).

We recognize that not all such obligations are “debts” under the FDCPA because the money, property, insurance, or services which are the subject of the transaction must[*1207] be primarily for “personal, family, or household purposes.” Id. On this issue, we also follow the reasoning of the Seventh Circuit and hold that although the assessment at issue here is used to maintain and repair the common area, it nevertheless has a primarily personal, family, or household purpose. See Newman, 119 F.3d at 481; see also Thies, 969 F.Supp. at 607-08 (applying Newman and holding that homeowner association fees for maintenance and improvement of common areas are a service primarily for personal, family, or household use). Therefore, we conclude that the condominium assessment owed by Mr. Ladick to his condominium association qualifies as a debt under the FDCPA.

CONCLUSION

Accordingly, we REVERSE the judgment of the district court and REMAND for farther proceedings consistent with this opinion.