Monthly Archives: October 2012
Termination for Convenience clauses were first introduced during the American Civil War and were used in government contracts. Such provisions in contracts with the Federal government allowed the government to terminate contracts related to military procurements that were no longer … Read Full Post
Available Remedies in Addition to an Action for Foreclosure: Part I Receiverships and Sequestration of Rents
Aside from foreclosing on a piece of real property, a Lender may utilize numerous other methods to recoup monies left unpaid on a mortgage note and to take control of a piece of property that may be losing value based … Read Full Post
The Attorney-Client Privilege: Disclosure of Confidential Information to Property Management Companies in Furtherance of Representation of Condominium or Homeowner’s Associations
Attorneys are not only ethically, but lawfully obligated to keep certain divulged information confidential in furtherance of representing a client. However, issues may arise whereby certain documentation may need to be transmitted to a third party. For example, an attorney represents a homeowner’s association whose property management company is responsible for maintaining records including contracts and invoices. In the interest of acquiring discoverable records, the attorney must communicate with the management company and disclose otherwise privileged information. Is the attorney-client privilege waived if information crosses paths with the management company? The answer is no, based on a careful interpretation of the Florida statutes.
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For associations concerned with owner bankruptcies, quarterly assessments are preferred over annual assessments as post-petition assessments are not dischargeable.
Under Florida law, it is better for an HOA to charge installment dues over the course of a year rather than allow for a lump sum payment at the beginning of each year. This is because post-petition debts, including post-petition HOA fees, are not dischargeable in a bankruptcy. Read Full Post