In August of this year, the Second District Court of Appeals issued a ruling which has potentially big ramifications for HOA/Condo collections. The case was St. Croix Lane Trust v. St. Croix at Pelican Marsh Condominium Association, Inc., 144 So.3d 639 (Fla. 2d DCA 2014), and the ruling addresses...
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Some new legislation addressing community associations has gone into effect as of July 1, 2014. Here is a brief summary of some of the big changes that may directly impact your community:
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Chapter 718 (Condo) and 720 (HOA) of the Florida Statutes provide that anyone who takes title to a unit is “joint and severally” liable for any and all previous amounts due. Joint and several liability is a legal term which means multiple parties are liable for the full amount;...
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Yes, under the new reform bill put into effect on July 1 (HB 7119) all homeowner associations are required to register with the Department of Business and Professional Regulation (DBPR) by November 22, 2013. In addition, there will be a means of updating this information if it changes. The...
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Both the House and the Senate have recently passed Bill 7119 which was signed by the Governor and put into effect on July 1. This “reform bill” will amend and make substantial changes to Chapter 720, the chapter of the Florida Statutes regulating HOA’s. A summary of some of...
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The Marketable Record Title Act (MRTA) poses a serious threat to the power of homeowner associations to enforce their covenants and restrictions! Can you imagine what would happen to your community if your HOA covenants and restrictions were suddenly legally unenforceable? The MRTA Statute was borne out of good...
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The vast majority of community associations across the state apply late penalties when assessments are not paid on time. Late fees are a valuable tool in encouraging owners to make timely payments and they are commonly used by most associations and property management companies without giving it much thought. Late...
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Many Homeowner and Condominium Associations find themselves with a remaining balance of delinquent assessments after units are foreclosed on by the bank. According to Florida Statute 718.116 and 720.3085, the bank only has to pay 12 months worth of assessments from the mortgagee or 1% of the original mortgage...
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Many Community Association Managers (CAMs) have a policy of drafting Claims of Lien (and Satisfactions of Lien) on behalf of the community associations they work with. The most common are drafting and filing Claims of Lien related to unpaid assessments, something widely occurring across the state. It is vital...
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The collection of rents provision in Florida Statutes 718.116 and 720.3085 was designed to eliminate the situation where an owner is delinquent in paying their assessments, yet is collecting rent from a tenant. This is a very powerful tool for Associations that allows them to require tenants to pay...
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