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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 […]

Homeowners’ Associations in Florida and the Marketable Record Title Act: Are Your Governing Documents Still Valid?

June 1, 2017 Community Association Industry Legal Blog

Florida homeowner and condominium associations’ governing documents (declaration, bylaws and articles of association) are critical for maintaining order and enforcing rules and regulations.  These governing documents are recorded in the public records of the county where the association community resides.  The purpose of recording these documents is to provide notice […]

Your Homeowners’ Association may not be Taking Advantage of a Favorable Tax Break

July 25, 2016 Community Association Industry Legal Blog

A major expense for many homeowners’ and condominium owners’ associations is the cost of the utilities for common areas of the communities. The good news for such associations, however, is that they are entitled to an exemption for the sales tax related to their utilities as long as a few requirements are met—a fact of which many associations are not even aware.

Does Your Association’s Declaration Preclude Any Recovery From Foreclosing Lenders?

July 12, 2016 Community Association Industry Legal Blog

After the housing bubble collapse, the Florida Legislature ratified numerous amendments to the Florida Condominium Act and Homeowners’ Association Act to provide associations with more power in collecting past-due assessments. One amendment obligated lenders that foreclose on properties owing past-due assessments to pay, at the very least, a certain statutory amount to the governing association (see Fla. Stat. §§ 718.116; 720.3085). Nevertheless, if an association’s declaration waives any and all liability of a mortgage lender, then that association is precluded from collecting even the statutorily approved amount. The pressing question for all board members and community association managers is whether or not your governing documents allow your association to collect from foreclosing lenders. If not, your association could be missing out on thousands of dollars.

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