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Condo Associations’ Rights and Remedies Concerning Abandoned and Foreclosed Units

August 11, 2014 Community Association Industry Legal Blog

Every so often condo associations must deal with one or more abandoned units within their communities. Whether the result of owners unable to secure a tenant or lender foreclosure actions, abandoned units can create serious issues for an association such as the growth of hazardous mold, insect infestation and other forms of unit deterioration. Sometimes a prior owner will leave a unit in an uninhabitable condition or even purposefully destroy parts of the unit, which isn’t discovered until after a foreclosure sale. Abandoned units in poor condition can lead to damage to the common elements and limited common elements if not timely addressed. The Florida Condominium Act enables associations to be proactive when these circumstances arise and provides various remedies to associations dealing with these predicaments. This Blog post will discuss condo associations’ rights and remedies concerning abandoned and foreclosed units in disrepair.

Condo Associations Must Thoroughly Review Lender’s Documents Before Conceding That Lender is Entitled to First Mortgagee Protection Under Fla. Statute 718.116(1)(b)

July 3, 2014 Community Association Industry Legal Blog

A crucial section of the Florida Condominium Act, which directly and significantly affects the assessment revenue and yearly budget for all associations, is Section 718.116(1)(b), Florida Statutes.  That section has become known as the first mortgagee’s “safe harbor protection” because it limits the financial liability of a first mortgagee, or […]

Condo Associations and HOAs can Violate the Fair Housing Act by not Timely Responding to a Unit Owner’s Request to Keep a Service Dog

May 29, 2014 Community Association Industry Legal Blog

On March 19, 2014, the U.S. District Court for the Southern District of Florida issued an opinion of which all condominium association and HOA board members should be aware. That case, Sabal Palm Condominium of Pine Island Ridge Association, Inc. v. Fischer, involved a resident’s request to keep a service dog due to her disability. The court ultimately determined that the condo association violated federal law in its unsatisfactory response to that request. Specifically, the court held the condo association’s actions violated the Fair Housing Act, 42 U.S.C. § 3601 et seq. (“FHA”).

Terminating Condominiums According to the Florida Condominium Act: Part VII

May 21, 2014 Community Association Industry Legal Blog

This is the final edition in a series of Blog posts dedicated to explaining the process for the termination of condominiums according to the Florida Condominium Act. This series has provided an overview of the entire termination of condominium process from the reasons for seeking termination (part I; part II), to the written plan of termination (part III; part IV) and the persons involved in carrying out the plan (part V). Arguably, the most important part of the process is allocating the sale proceeds once the plan of termination has been completed. This Blog post will discuss that process and provide the statutory requirements for distributing assets and allocating proceeds.

Terminating Condominiums According to the Florida Condominium Act: Part VI

May 20, 2014 Community Association Industry Legal Blog

This is Part VI in a series of Blog posts dedicated to explaining the process for the termination of condominiums according to the Florida Condominium Act. Previous posts in this series discussed terminating condominiums due to economic waste (part I); the optional termination process (part II); the written plan of termination (part III); executing the written plan of termination (part IV); and the termination trustee (part V). During the time a plan of termination is effective and the condominium is being terminated, the powers to carry out the process are mostly concentrated within the trustee and the association, as represented by the board of directors. However, there may be times when it is necessary to have a receiver appointed to execute the plan of termination and to conclude the affairs of the association. This Blog post will discuss the process for appointing a receiver and the duties of that receiver once appointed.

When Claimed Exemptions for Head of Household may not Apply to Garnishment Actions

May 13, 2014 Community Association Industry Legal Blog, Construction Industry Legal Blog

Once a creditor obtains a judgment against a debtor, attempting to garnish the funds, accounts and assets of that debtor held by a third party is an extremely efficient and often successful means for collecting on that judgment. Chapter 77, Florida Statutes, governs garnishment actions within the State of Florida and provides for two main types of garnishment, which have been discussed in previous Blog posts. These include a Writ of Garnishment issued to a bank or financial institution and a Continuing Writ of Garnishment issued to a debtor’s employer. Although a judgment creditor can utilize both forms of garnishment in attempting to collect on the judgment, under Section 222.11, Florida Statutes, a debtor has the right to make claimed exemptions to garnishment actions when the debtor is head of household. However, such claimed exemptions may not preclude a creditor’s attempt at garnishment in certain situations. This Blog post discusses when claimed exemptions for head of household may not apply to garnishment actions when the debtor is an independent contractor, the sole owner of a corporation or an owner of a single member LLC.

Terminating Condominiums According to the Florida Condominium Act: Part V

May 8, 2014 Community Association Industry Legal Blog

This is Part V in a series of Blog posts dedicated to explaining the process for the termination of condominiums according to the Florida Condominium Act. Previous posts in this series discussed the process of termination due to certain events such as economic waste, impossibility to continue as a condominium, and the purchase of condominium property by a developer. Part III and Part IV also explained the required provisions for a plan of termination and what must be done after the plan is executed and in effect. This Blog post describes the powers of the association and the trustee during the termination of condominium process.

Terminating Condominiums According to the Florida Condominium Act: Part IV

April 23, 2014 Community Association Industry Legal Blog

This is Part IV in a series of Blog posts dedicated to explaining the process for the termination of condominiums according to the Florida Condominium Act. Previous posts in this series discussed the process of termination due to economic waste, the impossibility to continue as a condominium, and the purchase of condominium property by a developer. Part III explained the required provisions within a plan of termination. This post explains the steps that must be taken to properly execute the plan of termination and what must be done after the plan is executed and in effect.

Official Records of Condominium Associations Part 3 of 3

April 21, 2014 Community Association Industry Legal Blog

Section 718.111(12) of the Florida Condominium Act and Rules 61B-22.002, 61B-22.003(3), 61B-23.002(7) and 61B-23.0021(13) of the Florida Administrative Code provide guidelines for the maintenance and inspection of the association’s official records. Part 1 of this 3 part blog identified what records constitute official condominium association documents. Part 2 of this blog identified what records are specifically exempt from inspection by unit owners. This posting will identify specific official records retention requirements and logistical considers associated with unit owner inspections of official records.

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