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

Tag Archives: safe harbor

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

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

Proposed Tactic Probably Won’t Fly

Posted in Reader Q&A

Question: Our manager informed the board of directors of our condominium association that forming an “LLC” entity to hold title to foreclosed units in our condominium is now being recommended. The manager stated that he has been told that by doing this, banks will have to pay the association more money when they foreclose. How… Continue Reading

Mortgage Foreclosures / Construction Warranties and HB 319

Posted in Legislation, Safe Harbor

Yeline Goin, CALL Executive Director, announced that there was a lot of movement last week with the various Bills CALL is tracking this Legislative Session. HB 319/SB 680, Relating to Residential Properties The main community association bills, HB 319/SB 680, were both approved in committee this week. SB 680 was approved in the Senate Judiciary Committee. HB 319,… Continue Reading