Skip to Content
Menu Toggle

Archives

Considerations for Community Associations When Reopening Their Communities and Common Elements due to COVID-19

May 18, 2020 Community Association Industry Legal Blog

The State of Florida is slowly but surely opening back up after closures from the COVID-19 pandemic.  Governor DeSantis’s Stay at Home Order expired on April 30th, and Executive Order 20-112, effective May 4th, was enacted as Phase I in the reopening process.  Both State and local governments have been […]

And Your Association Thought Foreclosure was Bad? The Consequences of Tax Sales & Tax Deeds for Community Associations

November 2, 2017 Community Association Industry Legal Blog

It is a scenario familiar to every association: an owner falls behind on his or her assessments and doesn’t get current, and the association initiates the lien recordation and foreclosure process.  However, before the association can foreclose its lien and move the property to foreclosure sale, the mortgagee of the […]

Prohibitions Against “SLAPP” Suits: What Associations and Their Managers Need to Know

August 3, 2017 Community Association Industry Legal Blog

Both the Florida Homeowners’ Association Act and the Condo Act contain prohibitions against so-called “SLAPP” suits; SLAPP stands for “Strategic Lawsuits Against Public Participation”. The condominium anti-SLAPP suit statute is found at §718.1224 and the homeowners’ anti-SLAPP suit statute is codified at §720.304(4).  While these statutes are important for associations […]

Why Associations and Their Managers Need to be Wary of Debt Collections Practices and Laws

May 24, 2017 Community Association Industry Legal Blog

The fairly recent case of Agrelov v. Affinity Management Services, LLC, Case No. 15-14136, (11th Cir., November 9, 2016), is instructive for associations and their managers with respect to debt collections, and the trouble that associations and managers can get themselves into when trying to collect on outstanding assessments. In […]

Can a Condominium Association Face a Second Foreclosure Suit?

November 17, 2016 Community Association Industry Legal Blog

The Florida Supreme Court’s recent decision in Bartram v. U.S. National Bank Association is instructive for condominium associations and community managers dealing with a unit in foreclosure, including those trying to determine whether or not to appear and defend a foreclosure by the lender, even though it does not deal directly with a condominium or the Florida Condominium Act.

Condominium Assessment Liens in Florida, Part IV: Overcoming Defenses and Sale of the Unit

August 31, 2016 Community Association Industry Legal Blog

A condominium association’s governing documents in conjunction with Section 718.116, Florida Statutes, are the genesis of the condominium association’s authority to impose and perfect assessment liens against individually owned units within the community. This four-part blog will discuss the condominium association’s right to lien, perfecting the condominium association lien, and collection practices for condominium associations. Part IV of this blog will discuss overcoming Unit Owner defenses to the foreclosure and the ultimate sale of the condominium unit.

Just like all other lawsuits, the unit owner is entitled to assert defenses. Below is a discussion on the most common.

Condominium Assessment Liens in Florida, Part III: Assessment Foreclosure Actions

August 24, 2016 Community Association Industry Legal Blog

A condominium association may bring an action in its name to foreclose a lien for assessments in the manner a mortgage of real property is foreclosed, and it may also bring an action to recover a money judgment for the unpaid assessments. The association is entitled to recover its reasonable attorney’s fees incurred in either a lien foreclosure action or an action to recover a money judgment for unpaid assessments. See 718.116(6)(a). Condominium lien foreclosure is not subject to the alternative dispute resolution proceedings found under Section 718.1255, Florida Statutes, which means that the parties do not have to engage in mediation or arbitration.

subscribe to legal alerts

subscribe to our blogs

sign up now

Media Contacts

Charles B. Jimerson
Managing Partner

Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

we’re here to help

Contact Us