The Legalities of Association Fines

I’ve seen associations that do not comply with the law that empowers them to “fine” owners. So here are some of the legalities of association fines in Florida:
1). Was the fine imposed by the President, the Board, the Manager, or the violations committee? The Board must levy the fine and the committee must either approve or reject it.
2) Was a fine included as part of a lien on your property? If so, did you know:
a) condos cannot ...

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Lien stripping in Chapter 7 eliminated by Supreme Court

An important decision was announced on June 1, 2015 by the United States Supreme Court.   In a unanimous decision arising from two cases in Florida, the Court ruled in Bank of America v. Caulkett that a person who files a Petition for Bankruptcy under Chapter 7 may not cancel a junior lien when the amount owed on the senior lien exceeds the value of the property.  The only condition is that the senior lien must be a secured and allowed ...

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Condominium Lien Foreclosures vs. the Rights of Mortgage Holders

One of my condominium Presidents asked me to advise him and his Board about the process of foreclosing a condominium lien and how the rights of the Association relate to the rights of a mortgage holder. For purposes of this article, a first mortgage holder will be referred to as a “Bank”, even though the first mortgage may be held by a bank, an individual, a mortgage company, pension fund, or other entity.

Discussion – The laws governing condominiums in Florida ...

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Withholding maintenance dues is not a good idea

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Condominium associations are not-for-profit corporations whose members elect directors to manage and operate their business affairs. In the course of such business operations, they incur expenses in the name of the association for various goods and services, such as building and landscaping maintenance and repairs, insurance, water and electric services, management fees, professional fees, and every other item that makes up ...

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