[AssociationLaw] New Court Rulings Challenge HOA Collection Efforts
Barry Ansbacher
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8818 Goodbys Executive Dr., Suite 100 Jacksonville, FL 32217-4605 Tel: 904.737.4600 |
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Appellate Court rules that the subordination provisions in the Declaration place the lender in the first position and after foreclosure there is no obligation to pay any back assessments to the association. For associations there is some life left in the argument because the Court rules that it did not consider whether the changes to Chapter 720 Fla. Stat. acted to amend the covenants. This issue might be successfully raised in the future. There is already a second appellate case in accord with this opinion. The loss of all pre-foreclosure dues should encourage all associations to be more aggressive to move on delinquencies right away in lieu of just filing a lien and letting arrearages grow. |
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Barry Ansbacher Board Certified Real Estate Attorney Ansbacher & Associates, P.A. Barry.A...@ansbacher.net 904.737.4600 ext 302 |
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