With the volatile economy more and more associations are changing property management firms and law firms, but there are some problems which can arise and the association would probably be on the losing end of litigation.
Many owners contact me because their associations have made these changes and now they are unable to pay their assessments because the information regarding where to send payments is not timely distributed to the members. When a member’s check or electronic payment is returned, this is a refusal of a tendered payment, which is not permitted by Florida law. Should the association attempt to lien and foreclose, the member not only has a valid defense, but could also bring a counter claim for breach of contract.
It is imperative for associations to notify their members immediately of any changes to make sure payments are not being rejected.