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How Florida Condominium Law Impacts Collection of a Condominium Assessment by Florida Condominium Associations
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How Florida Condominium Law Impacts Collection of a Condominium Assessment by Florida Condominium Associations

August 7, 2018 Community Association Industry Legal Blog

Reading Time: 2 minutes


Florida condominium law is ever-evolving. As a result, an effective condominium law attorney can help ensure condominium associations are able to collect an overdue condominium assessment from each unit owner. In this video presentation recorded by Hans C. Wahl, he explains how our laws govern a Jacksonville Florida condominium assessment by a condominium association, as well as assessments by associations in other communities throughout the state.

To access the presentation, visit YouTube or click play on the embedded image below. The length of the presentation is 27:45.

Introduction To Condominium Assessments

Florida Statutes have delegated certain governing authority to condominium associations and homeowners associations. As a result, Courts have referred to associations as quasi-government and democratic sub-society. Therefore, this has implications for what condominium Boards have the power to do, and how the law supports their management efforts:

  • Power to levy and collect assessments is similar to the government’s power to tax
  • The annual budget determines unit owners assessments for a given year

Assessments may be used for a variety of purposes. However, they may not conflict with Florida statutes. The presentation goes on to explain Section 718 which governs condominium associations.

Condominium associations in Jacksonville, Orange Park, Fernandina Beach, Amelia Island, St. Augustine and throughout the state must collect each Florida condominium assessment

Initial Demand Letter To Foreclosure Action

Florida Law carefully defines the association lien and foreclosure process. However, it’s still quite easy to slip up. Therefore, Jacksonville condominium associations who need to recover assessments from unit owners must follow the steps precisely. And that includes meeting all deadlines. Otherwise, a lien may be deemed invalid by the courts. Also, if it the lien is filed incorrectly, it may be dismissed altogether.

A condominium association will not be able to recover a Florida condominium assessment from a unit owner unless they follow the process closely

Additional Subject Content Covered In Presentation On A Jacksonville Florida Condominium Assessment

There are tools that a condominium association lawyer can use to help a client recover assessments. Some of these include:

  • Attachment of tenant’s rent
  • Suspension of unit owner’s amenity rights
  • Naming the association as a defendant in a mortgagee’s foreclosure action to expedite the process

An effective condominium association lawyer can help associations comply with the law when collecting a Jacksonville Florida condominium assessment

 

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