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Monthly Archives: August 2016

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.

Consumer Financial Protection Bureau Compliance: What Banks Need to Know, Part II

August 29, 2016 Banking & Financial Services Industry Legal Blog

CFPB Regulation Enforcement The CFPB is authorized to conduct investigations to determine whether any person is, or has, engaged in conduct that violates federal consumer financial law. The investigations often include subpoenas and other investigative demands for testimony, responses to written questions, documents, or other materials. Once a potential violation […]

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.

Community Association Members’ Right to Information

August 23, 2016 Community Association Industry Legal Blog

The right of a community association member to information differs slightly depending on whether the person is a member of a homeowners’ association or a condominium association. However, in analyzing a person’s right to information, it is important to understand that the relevant statutes are meant to balance the member’s access to information while protecting the association from a member whose requests are harassing (intentional or not).

Consumer Financial Protection Bureau Compliance: What Banks Need to Know, Part I

August 18, 2016 Banking & Financial Services Industry Legal Blog

What is the CFPB? The financial crisis of 2007-08 triggered a substantial adjustment in the federal government’s regulation of the banking and lending industry; one notable result being the establishment of the Consumer Financial Protection Bureau (CFPB) under the Dodd-Frank Act (the Act) in 2010. The general goal of the […]

Condominium Assessment Liens in Florida, Part II: Perfecting Condominium Liens

August 17, 2016 Community Association Industry Legal Blog

The Florida Condominium Act sets forth the process and procedure for perfecting a condominium assessment lien for delinquent assessments. A condominium lien creates an interest in real property in favor of the association. In many instances, it has been said that the association has a “perpetual” right to lien, so long as the association remains in existence. The condominium lien will take its priority in right based on the date the declarations were recorded. Because Florida association liens require the inclusion of a legal description, and liens create real property rights, only attorneys who are members of The Florida Bar may draft liens. A non-Florida attorney’s preparation of a lien on Florida real property constitutes the unauthorized practice of law. This is so, even if the non-attorney is a licensed community association manager. See The Florida Bar re Advisory Opinion — Activities of Community Ass’n Managers, 681 So.2d 1119 (Fla. 1996).

Is Your Association’s Declaration Stuck in the Past?

August 16, 2016 Community Association Industry Legal Blog

Florida’s community associations are largely governed by two main sources of authority: (1) the Florida Condominium Act (for condo associations) and the Florida HOA Act (for homeowners’ associations); and (2) the association’s governing documents. While court opinions, State of Florida arbitration decisions and the Florida Administrative Code also govern community associations, these sources largely rely on the Florida Statutes, association governing documents, or both, for any given issue. Concerning the hierarchy of this authority, the Florida Condominium Act and the Florida HOA Act (collectively referred to as the “Acts”) will trump community association documents (i.e., declarations, bylaws, articles of incorporation and rules and regulations). Stated another way, the Acts ultimately have the final say if the governing documents are silent or contradict the Acts on any issue. Because association documents are subordinate to the Acts, an association’s declaration that does not contain Kaufman Language is stuck in the past.

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