Foreclosure Sales and What They Mean for Your Community

11 Sep 2019 in
For many community associations, collection of past-due assessments plays a major role in the annual legal budget (although in successful collections, the attorney’s fees and costs incurred are collected from the delinquent owners). These past-due accounts create a myriad of challenges, such as lenders’ foreclosure actions or owners’ bankruptcies, in addition to the association’s collection efforts themselves, which are often addressed simultaneously with these challenging issues.

The Importance of Maintaining Your Digital Records

11 Jul 2019 in
Few statutory provisions are more exploited by owners, cause more expense and (legally permissible) harassment, or disrupt an association's operation, more than Fla. Stat. §§ 718.111(12)(c) (relating to condominium associations) and 720.303(5) (relating to community associations other than condos, timeshares, and cooperatives). Those subsections require that such communities make certain association records available within 10 working days of receiving a statutorily compliant request. As you may have learned during our Board Member Certification courses, the records which must be produced in response to such a request include essentially all written association records, with limited statutory exemptions (i.e., individual owners' confidential information, attorney-client privileged communications, etc.). If associations have no policy limiting the frequency or length of these inspections, owners could ostensibly issue requests on a weekly or even a daily basis, effectively forcing the community’s operation to a halt. Thus, it would benefit all communities to implement such reasonable limitations, in addition to undertaking steps to facilitate production of records rather than having owners visit management, counsel's offices, or for self-managed communities without a clubhouse or similar facility, having to incur the cost of renting space or even having someone come to an individual Board Member’s home, to complete the inspection.

You Win! So What?!

11 Jul 2019 in
Contrary to popular belief, obtaining a final judgment in a lawsuit should not be treated as a “game over” scenario. It is indeed a crucial first step toward obtaining what you’re looking for, but in reality, it means little more than that a judge agrees that you are entitled to something from the person you have sued. This could mean the judge has confirmed the defendant owes you money, or that the defendant can’t (or must) take certain actions, etc. Regardless of what relief you have been found entitled to receive, there is generally still more to do despite having taken that significant, crucial “first” step toward your end goal of actually receiving the relief sought in the lawsuit.

How to Handle Lenders' Foreclosure Delays

15 May 2019 in
A lender's foreclosure action can create challenges for community associations seeking to collect past-due charges. Because a first mortgage lender can generally eliminate the association's lien and/or ownership, as well as certain pre-title charges, some associations cease collection when a lender files a foreclosure action. Such measures impress upon owners that there are no consequences to overdue charges, and increase the financial burden on paying owners. It also eliminates the opportunity to be paid.

The “Quick and Dirty” Mid-Legislative Session Update

10 Apr 2019 in
Today we are at the virtual halfway point of this year’s legislative session. Most years there are a number of bills that are proposed that attempt to either regulate or impact community associations. This year, that is an understatement. We are currently monitoring more than eighty (80!) bills that seek to have an impact on residential communities and/or community associations. This article, while short, will emphasize those bills that we have seen moving quickly through the legislature that appear to have the greatest impact on our community association clients.

Developing Risks to Associations Resulting from Wild Bears

20 Mar 2019 in
As Floridians should be aware, Florida is inundated with bears. In fact, many communities experience bears riffling through their dumpsters and trash cans. Therefore, Owners need to be vigilant with respect to when their garbage is put out, as well as, how it is contained. Hopefully, your community is aware that members can purchase and obtain “bear-proof” trash cans. However, you may not be aware that communities with dumpsters can actually purchase bear proof dumpsters. Unfortunately, communities whose dumpsters are not bear proof, or where the residents fail to properly place their trash in the dumpster and properly close and secure the dumpster – it may be at risk.

Coyotes in the Community

15 Mar 2019 in
Numerous communities throughout Central Florida are experiencing encounters, many are very unpleasant, with coyotes. Numerous coyotes are in the Metro West area and are responsible for the deaths of several pets. West Orange County Cities, Ocoee, Windermere, and Winter Garden also report sighting of this predator roaming their neighborhoods. Osceola County issued a rabies alert after two people were bitten by a rabid coyote. A Manatee County family’s four dogs were left in their fenced yard while the owner was shopping and all four dogs were killed by a coyote.

Avoid Penalties from the IRS

28 Feb 2019 in
Most Florida Community Associations, (Condominiums, Homeowners Associations and Cooperative Associations) are organized as “Not-for-Profit” Corporations. So, no need to file a tax return-right?