Enforcing the deed restrictions in a community can be trying, but it has to be done and it has to be done uniformly. If the association fails to enforce certain covenants or restrictions, it may not be able to enforce them at a later date against offending homeowners. Once a violation is identified, the property […]
Many community associations believe pursuing a lien foreclosure on a property that is in mortgage foreclosure is a waste of effort and money. However, since banks and owners alike are prolonging the foreclosure process, in some cases up to two years or more, properties that are occupied are prime candidates for foreclosure of a community […]
A community association’s right to foreclose a lien for unpaid assessments is a powerful collection tool. The action to foreclose the lien may not be brought until 45 days after the parcel owner has been provided notice of the association’s intent to foreclose and collect the unpaid amount. The notice must be sent by registered […]
Almost every community association’s assessments are secured by a lien on the association member’s real property. The lien secures unpaid assessments, collection costs, interest, and attorney’s fees (including assessments, costs, interest, and attorney’s fees that accrue subsequent to recording the lien claim). Lien claims cannot be enforced until they are perfected. In order to perfect […]
Associations may not record a lien against a parcel for unpaid assessments unitl it has served the owner with a demand for the past due assessments and other amounts due. For homeowners associations, the notice must: Provide the owner 45 days to pay all past due amounts in full, including attorney’s fees and costs associated […]
In situations where the delinquent property owner is renting the property to tenants, Chapters 718 and 720 of the Florida Statutes give the association the right to demand the tenant pay rent to the association instead of the property owner. HOA rent demand letters must comply with section 720.3085(8), Fla. Stat, which requires, among other […]
Many community associations believe pursuing a lien foreclosure on a property that is in mortgage foreclosure is a waste of effort and money. However, since banks and owners alike are prolonging the foreclosure process, in some cases up to two years or more, properties that are occupied are prime candidates for foreclosure of a community […]
Since everybody knows what a legal “suit” is, why did a federal appellate court ask the Florida Supreme Court for a definition? A lot of money spent—and saved—depends on this inquiry. Florida contractors want their general-liability insurers to pick up the costs of pre-litigation efforts to resolve disputes about defects. The problem for the contractors […]
There are several new laws affecting community associations, condominiums, cooperatives, and homeowners’ associations. Governor Rick Scott, signed HB 791 into law effective on July 1, 2015. HB 791 impacts condominiums, cooperatives, and homeowners’ associations. (1) Electronic Voting (Condominiums, Cooperatives, and Homeowners’ Associations): The bill provides that associations may conduct elections and other membership votes by utilizing an […]
