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Archive for the ‘HOA’ Category

HOA Blog Part V: Distinguishing Between Condo and HOA Fees, Fines, and Penalties

Published: July 10th, 2017

By: Peter M. Dunbar Brian M. Stephens

Back in Part 1 of this series, we noted that subtle distinctions exist between the rules regulating condominiums versus rules regulating homeowner’s associations. And, in keeping with that subtly, much of what has been discussed in Parts 2, 3, and 4, of this series is equally applicable to condo and homeowner’s associations. Here, however, it […]

HOA Blog Series Part IV: Why Are HOA Fees Important?

Published: January 25th, 2017

By: Peter M. Dunbar Brian M. Stephens

FAQs on HOA Fees In Part 3 of this series, we discussed the HOA rules – where they come from and what happens when homeowners don’t obey the rules. If polled, more likely than not, few homeowners could recite a majority of their HOA’s rules. One rule, however, would likely be recognized by all. That […]

HOA Blog Series Part III: What Happens When You Don’t Follow HOA Rules?

Published: November 15th, 2016

By: Peter M. Dunbar Brian M. Stephens

You’re not the boss of me… In Part 1 and Part 2 of this series, we learned what it means to live in a common interest community, generally, and what documents are used to establish the community – looking specifically at homeowners association controlled communities (“HOAs”). In this Part 3, we’ll consider the HOA rules […]

HOA Blog Series Part II: What Restrictions Exist in a HOA?

Published: September 12th, 2016

By: Peter M. Dunbar Brian M. Stephens

Understanding My HOA In part one of the series, we answered what it means to live in a neighborhood association. Basically, it means that you live in a distinct area and that area, along with each of the property owners within it, are subject to a set of rules and regulations. Those rules and regulations […]

HOA Blog Series Part I: What Does it Mean to Live in a HOA?

Published: August 9th, 2016

By: Peter M. Dunbar Brian M. Stephens

So, I live in an association….? It happens more than you might think. Home buyers get excited about purchasing a home in a surprisingly well manicured community. They later discover, upon receipt of the bill for their assessments, that their well-kept neighborhood costs money – their money. Florida community associations confuse people – somewhat unnecessarily. […]

Incomplete Condo Docs Can Sink Your Sale. Here’s Why?

Published: June 15th, 2016

I recently represented an elderly gentleman who improvidently entered into a contract to purchase a condominium apartment. After signing the contract, he became aware that the condominium owner’s association monthly assessments were far in excess of what he could afford to pay. He waited several weeks before hiring me to assist him and had even […]

Marketable Record Title to Real Property – Addressing MRTA’s Unintended Consequences

Published: February 5th, 2016

By: Brian M. Stephens

Chapter 712 of the Florida Statutes is entitled “Marketable Record Titles to Real Property”. The act, however, is more commonly known as the Marketable Record Titles Act (“MRTA”). As a result of certain unintended consequences, MRTA may be undergoing some important changes. And, those changes may start with a recent bill from the Florida Legislature’s […]

Common Interest Associations’ Ability to Collect Past Due Assessments

Published: December 17th, 2015

By: Brian M. Stephens

Homeowners’ associations (“HOAs”) across Florida run into problems when it comes to trying to collect past due assessments. This problem is especially apparent in cases where the owner’s unit for which the past due assessments were owed has entered foreclosure. Generally, a foreclosure proceeding by a senior lien holder – like a lender who forwarded […]