Combating Serial Bankruptcy Filings

 

 

 

 

 

Authored by Cristina Ayo and Jonathan Ellis 

Associations are all too familiar with bankruptcy serial filers disrupting foreclosure sales leading to frustrating and costly consequences for the Association. Each new bankruptcy filing by the debtor forces the Association to incur additional costs and increases the amount of debt owed while the debtor continues to live on the property without paying the Association.

Associations frequently experience the typical scenario individual serial filers or joint property owners that stagger their bankruptcy filings as a “tag-team” for each individual owner to benefit from the automatic stay of the other.  Typically, on the eve of the foreclosure sale, the owner(s) or one member of the “tag-team” will file their Bankruptcy petition to disrupt the foreclosure action. Their case will eventually get dismissed, while the owner or the other member of the “tag-team” files, again stopping the rescheduled foreclosure. The same pattern of filling, delay, dismissal, and reschedule foreclosure proceedings can last years leaving Associations powerless.

Continue reading

Join Us This Fall for the Condo and HOA Board Certification Class

Join us on this Fall for the HOA Board of Directors Training Course. We have several dates to choose from and all classes will include dinner at Maggiano’s.  Shumaker is a division-approved education provider and this class will satisfy the requirements of Fla. Stat. §§ 720.3033 and 718.112 if completed within 1 year before or 90 days after being elected or appointed to the board. RSVP to reserve your spot today!

What Every HOA and Condo in Transition/Turnover Should Know About Florida’s Statutes of Limitations and Repose

Attorney Clint Morrell

Clint Morrell

We are frequently retained by homeowners associations and condominium associations who have just undergone transition/turnover from developer control to control by the unit owners other than the developer. Two of the first questions we ask them are 1) what amenities and other common elements does the association own or is it required to maintain; and 2) has the association, in consultation with an engineer or other expert, inspected the common elements to ensure they are free from defects? We ask these questions right up front during our initial consultation because of Florida’s Statute of Limitations and Statute of Repose, which limit the time within which the Association may pursue recovery of expenses for needed repairs to the common elements from the developer or other individuals or entities arising from the improper design or construction. (Note: Applicable Statutes of Limitations and Repose differ according to the nature of the claim – this article focuses only on construction and design defect claims). Continue reading

Recounts: Difficulties Correcting HOA and Condo Election Ballot Count Errors After the Annual Meeting

Morrell.Clinton_thumb_@1xFloridians who were of age during the 2000 U.S. Presidential election know firsthand how controversial close elections, disputed results, and recounts can be. Disputed homeowners’ association and condominium association elections can be just as disruptive to the community. Since community associations are statutorily required to retain election materials for a period of time, one natural response to a disputed ballot count is to recount the election materials to determine proper results. However, arbitration decisions from the Florida Department of Business and Professional Regulations’ Division of Condominiums, Timeshare and Mobile Homes (“Division”) cast substantial doubt on whether a community association, itself, may conduct a recount or correct election errors after conclusion of the annual meeting except when ordered to do so by the Division. Continue reading

Condominium and HOA Board Certification Training March 20, 2019 or April 17, 2019

Join us on either March 20, 2019 or April 17, 2019 for Condominium and HOA Board Certification Training.  Shumaker is a division-approved education provider and this class will satisfy the requirements of Fla. Stat. §§ 720.3033 and 718.112 if completed within 1 year before or 90 days after being elected or appointed to the board. RSVP@slk-law.com to reserve your spot today!

BOD