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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Assessment Collection

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How Is Special Assessment Excess Adjusted After Sale Of Condominium Property?

Posted in Assessment Collection, Owner Payment Responsibility, Reader Q&A

Question: The board of directors of my condominium association levied a large special assessment, which I paid. I then sold my unit. Shortly thereafter, the board decided that one of the purposes for which the special assessment was levied could not be implemented and, thus, the board determined that it would apply these funds toward… Continue Reading

New Bills Impacting Homeowners’ Associations Filed for 2016 Legislative Session

Posted in Assessment Collection, CALL Alert, Covenant Enforcement/Violations, Legislation, Official Records, Rules & Regulations, Suspensions, Fines & Remedies

HB 7031, Relating to the Marketable Record Title Act (MRTA) has been filed by the House Civil Justice Subcommittee.  Specifically, the bill provides that covenants and restrictions of homeowners’ associations will not expire because of MRTA. This will save HOAs thousands of dollars by not having to “preserve” their covenants and restrictions or “revitalize” them… Continue Reading

Is A Hearing Required Before Attorney’s Fees Are Assessed Against Condominium Owner?

Posted in Assessment Collection, Owner Payment Responsibility, Reader Q&A, Suspensions, Fines & Remedies

Question: I read one of your recent blogs on the levy of fines by associations. Do the same “due process” requirements apply to collecting attorney’s fees from a unit owner? J.M. (via e-mail) Answer: No. The Florida statutes applicable to condominiums, cooperatives, and homeowners’ associations state that an association cannot levy and collect a fine unless… Continue Reading

Assessment Allocations for Condominium Units are Set in the Governing Documents

Posted in Assessment Collection, Common Areas, Reader Q&A

Question: We own a unit in a five unit condominium.  Four of the units are contained in one building and one unit is a standalone building. The units in the four-plex are each approximately 1,750 square feet, while the unit in the standalone building is approximately 2,300 square feet. Our declaration of condominium provides that… Continue Reading

Changing HOA Assessment Allocations is Usually Impossible

Posted in Owner Payment Responsibility, Reader Q&A

Question: I live in a homeowners’ association that has both attached “villa-style” homes and detached homes. Each owner is charged the same amount in assessments from the association. This seems unfair. Is there a way to charge larger parcels more than the smaller, villa parcels? A.I. (via e-mail)  Answer: Probably not. If the developer drafted… Continue Reading

Multiple Units/Common Title Holder — How to Collect Delinquent Fees

Posted in Assessment Collection, Covenant Enforcement/Violations, Owner Payment Responsibility, Reader Q&A, Suspensions, Fines & Remedies

Question: We have an owner that owns two units. He always makes prompt payment for one of the units, but is always behind on the other. Can we put a lien on both units? Can we do anything else? P.M. (via e-mail) Answer: The two units should be treated separately. A claim of lien can… Continue Reading

Special Assessment Issues in Condominium Associations May Require Legal Counsel

Posted in Assessment Collection, Owner Payment Responsibility, Reader Q&A

Question: Our condominium association is undertaking a very large repair project involving the structure of our building. It is a several million dollar job, and would involve a huge special assessment. There has been talk of taking out a bank loan. Can the association borrow money for this purpose? Can the association allow some owners… Continue Reading

Condo Boards’ Access to Unit Limited by Court Decisions

Posted in Case Law & Court Rulings, Fiduciary Duty of Board of Directors

Two recent cases decided by Florida’s Fourth District Court of Appeal impose conditions on access to individual units by condominium association boards.  The statute provides the association with the irrevocable right of access.  Section 718.111(5), Florida Statutes says:   RIGHT OF ACCESS TO UNITS.  The association has the irrevocable right of access to each unit… Continue Reading

Condo & HOA Bill HB 807 Covers Records, Video Meetings, Email

Posted in Legislation, Meetings, Official Records, Owner Payment Responsibility, Reader Q&A

Today’s column continues our annual review of new laws affecting community associations, condominiums, cooperatives, and homeowners’ associations. This year was a fairly busy one in Tallahassee, with several Bills of interest passing out of the Legislature. House Bill 807 (HB 807) is this year’s main bill affecting community associations. Last week, we looked at some… Continue Reading

Money Judgment An Alternative To Foreclosure In HOA

Posted in Assessment Collection, Foreclosures, Reader Q&A

Question:  “My question is whether a homeowners’ association can sue to foreclose for delinquent assessments, but also ask for a money judgment if there is no equity in the property due to a superior mortgage where more is owned than the property value. P.M. (via e-mail) Answer:  Yes. Florida Statute §720.3085 allows an association to… Continue Reading

Dish Owners in HOAs Still Have To Pay For Cable If Part Of Common Assessments

Posted in Assessment Collection, Owner Payment Responsibility, Reader Q&A

Question: My homeowners’ association is considering entering into a bulk purchase contract for cable television. I get my television through a satellite dish and am very satisfied with my service. If the association purchases the bulk cable television, can they make me get rid of my dish?  If not, can I be excused from paying… Continue Reading

Attempting To Change Assessments In A Condominium Can Be An Almost Impossible Task

Posted in Assessment Collection, Owner Payment Responsibility, Reader Q&A

Question: I recently purchased a unit in a condominium community. Half of the units are two-bedroom units and half are three-bedroom units. However, assessments are shared equally. I do not think I should have to subsidize insurance, repairs, and maintenance for the larger units, as I own a two-bedroom unit. I would like to bring… Continue Reading

Condo Association Can Revoke License to Park

Posted in Case Law & Court Rulings

A recent case demonstrates how important it is to carefully consider what documentation to use in connection with allocation of the use of parking spaces.  In Keane v. The President Condominium Association, Inc., the court sided with the association after it revoked a parking license. Here the unit owner, Mr. Keane, paid the association $5,000… Continue Reading

All Assessments Due Association If A Third Party Purchases A Unit At A Foreclosure Sale

Posted in Assessment Collection, Foreclosures, Reader Q&A, Safe Harbor

Question: We have a unit in our condominium that will soon go to a mortgage foreclosure auction. This unit owes the association tens of thousands of dollars in unpaid assessments. What is the maximum amount we can recover from the purchaser at the foreclosure sale, as I have been given conflicting advice?  S.S. (via e-mail)… Continue Reading

In Condominium Associations, Changing Fundamental Rights Usually Requires Unanimous Approval

Posted in Assessment Collection, Reader Q&A

Question: Our condominium assessments are based on the square footage of our units rather than being divided equally amongst all of the owners. However, the voting right equals one vote per unit. Is this permissible?  Can we amend our condominium documents to make everything equal? B.H. (via e-mail) Answer: The Florida Condominium Act mandates how… Continue Reading

Condo cannot collect safe harbor from mortgagee after foreclosure

Posted in Assessment Collection, Case Law & Court Rulings, Foreclosures, Safe Harbor

Court explains “safe harbor” and says: “individualized charges, such as interest, late fees, collection costs and attorney’s fees do not fit within the statutory or common sense understanding of “regular periodic assessments” A little more than a year ago there was a huge debate over the interpretation of the “safe harbor” language in §718.116, Florida… Continue Reading