Community Association Industry Legal Blog

Homeowners’ Associations (HOAs) have remedies available, under Florida law, when its residents fail to pay their periodic HOA assessments in a timely manner. One such remedy is a statutory lien pursuant to Chapter 720, Florida Statutes. According to Florida law, when a community is subject to mandatory HOA fees, the HOA has the statutory authority to levy assessments and to secure its claim for any unpaid assessments by placing a lien on the debtor’s property within that community. Fla. Stat. § 720.3085(1).

Condominium living is a way of life in Florida and condominium associations are creatures of the Florida Statutes.  “The peculiar features of condominium development, ownership, and operation require the providing of procedural vehicles for handling disputes affecting condominium unit owners concerning matters of common interest”.  Avila South Condo Ass’n, v. […]

Condominium living is a way of life in Florida and condominium associations are creatures of the Florida Statutes. A condominium association’s capacity to sue or be sued is one of the enumerated rights created under Chapter 718.  However, it is the condominium association class action Rule 1.221 which grants the […]

Attorneys are not only ethically, but lawfully obligated to keep certain divulged information confidential in furtherance of representing a client. However, issues may arise whereby certain documentation may need to be transmitted to a third party. For example, an attorney represents a homeowner’s association whose property management company is responsible for maintaining records including contracts and invoices. In the interest of acquiring discoverable records, the attorney must communicate with the management company and disclose otherwise privileged information. Is the attorney-client privilege waived if information crosses paths with the management company? The answer is no, based on a careful interpretation of the Florida statutes.

Under Florida law, it is better for an HOA to charge installment dues over the course of a year rather than allow for a lump sum payment at the beginning of each year. This is because post-petition debts, including post-petition HOA fees, are not dischargeable in a bankruptcy.

One of the leading cases affecting condominium associations in Florida is Bay Holdings, Inc. v. 2000 Island Blvd. Condo. Assn., 895 So.2d 1197 (Fla. 3d DCA 2005). For a seemingly small opinion, the impact on condominium liens is worthy of discussion.  Bay Holdings addresses the Florida “safe harbor” liability of […]

By Harry M. Wilson, IV Esq.

Florida lawmakers convened in Tallahassee in early March to begin the state’s annual legislative session, which will run through May 6th. Republicans have veto-proof majorities in both the House and the Senate. This session marks the first for Governor Rick Scott who ran on a platform to reduce government, cut taxes and create jobs. Close to 1,800 bills have already been filed but perhaps the biggest challenge lawmakers will face will be balancing the state budget. In follow up to my first post, the following article highlights some of the other big issues facing the legislature this session:

By Harry M. Wilson, IV Esq.

Florida lawmakers convened in Tallahassee last week to begin the state’s annual legislative session, which will run through May 6th. Republicans have veto-proof majorities in both the House and the Senate. This session marks the first for governor Rick Scott who ran on a platform to reduce government, cut taxes and create jobs. To read more click the title….

By Harry M. Wilson, IV Esq.

Being a director of a condominium association can be a thankless job. First, as a director of the association, you are an unpaid volunteer and the Association itself is a not-for-profit corporation. Nonetheless, under Florida Statutes Section 718.111(1), the “officers and directors of the association have a fiduciary relationship to the unit owners.”

By Harry M. Wilson, IV, Esq.

Condominium liens are strong tools granted by statute to condominium associations to ensure that unit owners timely pay their assessments for common expenses. The following is an overview of the basic premises of condo lien enforcement and defenses in Florida.