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

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

 

Voting by E-mail and Written Consent

Recent amendments to section 720.303, Florida Statues, which take effect July 1, 2018, Continue reading

“Sunshine Laws” Do Not Apply to Community Associations (Open Meetings are Still Required)

Frequently, there are complaints by association members regarding violations of Florida’s Sunshine Laws, Chapter 286, Florida Statutes, which mandates public access to Continue reading

Tenants and Personal Property after a Foreclosure Sale

Davis_Jason

Jason Davis

After a judicial foreclosure sale concludes and a certificate of title is issued, the purchaser named in the certificate may find the newly acquired residential property either occupied by a tenant in possession or filled with personal belongings. Sections 83.561, Florida Statutes, “Termination of rental agreement upon foreclosure” and 83.62, Florida Statutes, “Restoration of possession to landlord” address these issues. Continue reading

2018 Legislative Changes for Community Associations

On March 23, 2018, Governor Scott approved House Bill 841, amending a number of statutes regulating community associations.  The following is a summary of House Bill 841 by topic:

Continue reading

2017 Legislative Changes to the Florida Condominium Act

On June 26, 2017, Governor Scott approved House Bill 1237, changing or amending a number of statutes regulating condominium associations.

Continue reading

Client Alert: Update: Community Associations’ Estoppel Certificates

Johnson_Monica

Monica Johnson

Ellis_Jonathon

Jonathan J. Ellis

On June 14, 2017, Governor Scott signed Senate Bill 398, enacting it into law.  The law, which goes into effect on July 1, 2017, amends sections 718.116, 720.30851, and 719.108, Florida Statutes, regarding condominium, homeowners and cooperative association estoppel certificates.  The amendments provide the following changes to the statutes:

Continue reading

Water Shortage Restrictions Override Deed Restrictions

Johnson_Monica

Monica Johnson

Homeowners associations may not require lot owners to pressure wash their homes, or to water or replace their lawns while there are water shortage restrictions in effect.

The Southwest Florida Water Management District (“SWFWMD”), the agency responsible for managing and protecting water resources of southwest Florida, has declared that Modified Phase III water shortage restrictions are in effect from June 5, 2017 through August 1, 2017 in several counties, including Citrus, DeSoto, Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas and Sarasota, and portions of surrounding counties within SWFWMD’s jurisdiction. Continue reading