03Sep

The vast majority of community associations across the state apply late penalties when assessments are not paid on time.  Late fees are a valuable tool in encouraging owners to make timely payments and they are commonly used by most associations and property management companies without giving it much thought.  Late...

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20Jul
By: Sean Murrell On: July 20, 2012 In: Community Association Legal Advice Comments: 0

Many Homeowner and Condominium Associations find themselves with a remaining balance of delinquent assessments after units are foreclosed on by the bank.  According to Florida Statute 718.116 and 720.3085, the bank only has to pay 12 months worth of assessments from the mortgagee or 1% of the original mortgage...

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23Jun
By: Sean Murrell On: June 23, 2012 In: Community Association Legal Advice Comments: 0

Many Community Association Managers (CAMs) have a policy of drafting Claims of Lien (and Satisfactions of Lien) on behalf of the community associations they work with.  The most common are drafting and filing Claims of Lien related to unpaid assessments, something widely occurring across the state.  It is vital...

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05Jun
By: Sean Murrell On: June 5, 2012 In: Community Association Legal Advice Comments: 0

The collection of rents provision in Florida Statutes 718.116 and 720.3085 was designed to eliminate the situation where an owner is delinquent in paying their assessments, yet is collecting rent from a tenant.  This is a very powerful tool for Associations that allows them to require tenants to pay...

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