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

Category Archives: Owner Payment Responsibility

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Associations Can Suspend Rights of Delinquent Owners Only by “Properly Noticed Board Meeting”

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

Question: My condominium association board is looking at ways to address owner assessment delinquency. We are interested in suspending use rights and voting rights. Our board does not meet frequently, and we do not want the additional administrative hassle of holding meetings just to suspend delinquent owners. Can’t we just issue a standing order that… Continue Reading

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

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

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 & 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

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 Cannot Collect Past Due Amounts from Investor After Foreclosure

Posted in Assessment Collection, Case Law & Court Rulings, Foreclosures, Owner Payment Responsibility

   Association becomes liable for past due assessments upon  acquisition of title. According to Bankrate.com., in 2012 it took an average of 382 days for a lender to complete a mortgage foreclosure in the United States.  However, that statistic includes states with the non-judicial foreclosure procedures and states that have very few foreclosures. Florida is not one of… Continue Reading

HOA Statute Now Restricts Delinquent Homeowners’ Service On The Board

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

Question: In your column of January 16, 2011, you addressed two issues: (1) whether an owner who is past due in his assessments may serve on the board as a director; and (2) whether an association can suspend the voting rights of a member who is delinquent in the payment of assessments. My understanding is… Continue Reading

Tax Deed Sale Extinguishes Liens Recorded By Association

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

Question: Does a purchaser at a tax deed sale owe all the delinquent association assessments that accrued prior to the tax deed sale? You have previously mentioned that the condominium statute states that every owner is liable for the delinquency of his predecessor in title, with the exception of a foreclosing first mortgage. Would that mean that a… Continue Reading

Coral Lakes Decision Affects First Mortgagees and Past Due Assessments for Condominiums

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

Question: We recently had a foreclosure sale of a home in our community. The bank took title at the sale and is now the owner. The bank has said they are not liable for any of the prior owner’s unpaid assessments. We have demanded the bank pay one year of assessments and they have refused…. Continue Reading

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