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

Category Archives: Bankruptcy

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Condos/HOAs & Collection Agency Fees – Who Pays?

Posted in Assessment Collection, Bankruptcy, Owner Payment Responsibility

Obviously over the past few years association leaders have had to devote a substantial amount of time, energy, effort and money to collecting delinquent assessments.  However, where there is need there is opportunity.   New businesses sprung up all over the U.S. to take advantage of this need.  Collection agencies, funding companies and others  promise condo & HOA board members… Continue Reading

Suspension of Use Rights Found to Violate Bankruptcy Protections

Posted in Assessment Collection, Bankruptcy

Most community association leaders are familiar with the fact that they have to hold off on collection activities (such as sending further demand letters, filing a lien or prosecuting the association’s foreclosure case) when an owner files for bankruptcy protection. One important protection offered by the bankruptcy law gives the debtor “time to catch his/her breath”… Continue Reading

Bank Sanctioned for Delaying Foreclosure – Lender and Law Firm Both Held Liable

Posted in Assessment Collection, Bankruptcy, Foreclosures

Court Rules in Favor of Condominium Association After Lender Fails to Move Foreclosure Proceedings Along or Comply With Court Orders.    On Feb. 8, 2007, the Bank of New York filed a mortgage foreclosure lawsuit against a unit owner, naming the Moorings at Edgewater Condominium Association, Inc. as an additional defendant in the case.  The defaulting unit owner… Continue Reading

Bankruptcy Court Rejects 99 Year Lease

Posted in Assessment Collection, Bankruptcy

Bankruptcy Court Finds "the Unit Owners are Not a Bottomless Well, From which Water May be Drawn Eternally With No Consequences" and Grants Maison Grande’s Motion to Reject Unexpired Lease.  As I mentioned in July in Bankruptcy An Option for Finally Distressed Condos & HOAs, the 99 year lease for certain recreational and parking facilities placed the most stress on Maison Grande Condominium Association’s finances.   Owners… Continue Reading

Q&A: Condominium and Homeowners Association Bankruptcy

Posted in Assessment Collection, Bankruptcy, Reader Q&A

The Maison Grande and other bankruptcy filings by community associations have spurred interest in reorganization of debt.  Is bankruptcy an option for your cash strapped community?  What issues do you need to consider?   Bankruptcy Attorney Aleida Martinez Molina answers the following questions for community associations struggling with bills and bad debt. CAN CONDOMINIUM OR HOMEOWNERS… Continue Reading

Q&A: Collecting Rent from Tenants (revisited)

Posted in Assessment Collection, Bankruptcy, Foreclosures, Reader Q&A

Many readers have posted questions regarding the ability to collect rent from tenants. It is important to remember that in all of the cases reported previously on this blog, the Court only appointed a blanket receiver to collect rent after the Association filed an action to foreclose its Claim of Lien.  Thus, the Association must pursue the collection procedures set forth in the… Continue Reading