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The Impact of House Bill 1203
Understanding Florida's New HOA Law: House Bill No. 1203
Florida homeowners’ associations are facing significant changes with the passage of House Bill No. 1203, just signed into law by Governor DeSantis. This comprehensive legislation introduces new requirements, amends existing provisions, and establishes prohibitions aimed at improving the management and transparency of associations. This bill contains a significant amount of changes and new requirements, as well as serious consequences for noncompliance.
Important Recent Court Ruling on the Acceptance of Partial Payments
In August of 2014, 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 the acceptance of partial payments from delinquent owners.
Does taking title through a lien foreclosure prevent associations from collecting past-due amounts?
In February of 2013, a landmark court ruling came out of the Third District Court of Appeals in Florida, known as the Spiaggia decision (Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc.). The Spiaggia ruling sent shockwaves through the association law world as the Court held that an association also becomes joint and severally liable for any past-due delinquency if they take title through a lien foreclosure lawsuit.
Does the MRTA wipe out HOA covenants?
The MRTA, codified in Chapter 712 of the Florida Statutes, states that “Any person having the legal capacity to own land in the state, who, alone or together with his predecessors in title has been vested with any estate in land of record for 30 years or more, shall have a marketable record title to such estate and land, which shall be free and clear of all claims except the matters set forth as exceptions [herein]” … Read More.