Homeowner and condominium associations are very popular in Florida, at least with the developers, but not with the homeowners. These associations pose special problems to property owners because they are private corporations that trample on the constitutional rights of a property owner. Often these associations are managed and operated by a Board of Directors that is comprised of ordinary people who have no experience managing and operating a corporation. They often do a very poor job and hide under the assumption that they cannot be held liable for mistakes because they are volunteers.
The number of disputes between property owners and associations are on the rise. Often these associations count on property owners not wanting to risk spending large amounts of money on legal fees because if the property owner loses, they are responsible for paying the associations legal fees as well as their own. With attorneys fees and court costs averaging $100,000 to get a case to court, associations bank on the idea most homeowners will not risk that type of money to protect their home.
Updates to the laws that every homeowner should know!
Know your rights
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The Florida Supreme Court’s most recent decision on March 31st, 2011 which affects all community associations. In the case of, Cohn v The Grand Condominium Association Inc., the Florida Supreme Court has issued a ruling that effects all amendments to governing documents of associations. The court held that when a document refers to a statute, unless it specifically states “As amended from time to time,” the statute that was in effect at the time they were recorded is the statute that has authority. This also affects documents that do not …
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What you need to know to stop your property from being foreclosed and sold:
Your association cannot refuse your checks. If it has been turned over to an attorney, send you assessment payment to the attorney. In accordance with state law, the payment will be applied to attorneys’ fees first, then lien fees, interest, late fees and collection costs, and assessments get paid last.
Pay your assessments even though the above formula applies. If you continue to pay your assessments and whatever extra you can afford, …
