New laws directly affect Property Managers

Do you know ….?
Under §718.111 of the Condominium Act, as amended and effective on July 1, 2017:
1) the new law expressly prohibits any officer, director or manager from receiving a “kickback”. Previously, the law prohibited such persons from accepting anything or service of value without consideration other than services or items received in connection with trade fairs or education programs. A kickback is already the subject to a civil penalty but under the ...

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Unpaid assessments of previous owner are not always owed by the foreclosure buyer

In January, 2017, my client received title to a house he bought in December at a mortgage foreclosure sale. The mortgage had been recorded in 2005. Soon after, the homeowners association (HOA) demanded more than $19,000 from my client that it claimed was owed because the prior owner who was foreclosed did not pay assessments for years and the law passed in 2007 states that a buyer, including a purchaser at a foreclosure sale, is jointly and severally liable with ...

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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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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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