Author: Shumaker Loop & Kendrick LLP

As Florida courts continue to work through the backlog of first mortgage foreclosures (referred to in that way due to their first or priority lien position on the property), it becomes increasingly important for associations to thoroughly review the first mortgagee’s entitlement to the “safe harbor” provisions of Florida Statutes when responding to estoppel requests. For Homeowners’ Associations, the relevant language is included in the Homeowners’ Association Act, Fla. Stat. §720.3085(2)(c), which provides that: Continue reading “Consideration of a first mortgagee’s “safe harbor” request”

Over the last several years, homeowner’s associations and condominium associations across Florida have taken serious losses and written off large amounts of bad debt due to the housing market crash and the flood of mortgage foreclosures following in its wake. Most associations came to rely upon recovering at last some delinquent assessments once a mortgage foreclosure was finally complete.  Fla. Stat. sections 718.116 and 720.3085 provide that purchasers are jointly and severally liable with former owners for assessments that accrue before transfer of title.  Continue reading “What amending your governing documents can do to save your association money”

One common provision in homeowners association’s and condominium association’s governing documents is a prohibition against the keeping of “commercial vehicles” within the community. These prohibitions on commercial vehicles, like many other typical provisions in community associations’ governing documents, are well intentioned and meant to preserve the residential character of the community. Continue reading “Are law enforcement vehicles subject to Community Association “commercial vehicle” bans?”

Community associations are sometimes faced with determining whether they can prohibit a sexual offender or predator from living in a community or from using common area facilities, such as a clubhouse, or whether they have a duty to notify members of the existence of a sexual offender or predator living in the community.

In determining whether a community association has any right to prohibit a sexual offender or predator from living in its community, its governing documents must be reviewed.  Some associations’ governing documents may include restrictions on sexual offenders or predators living in the community, Continue reading “Sexual Offenders and Predators in the Community”

Jonathan Ellis and Kathleen Reres attended the Fall 2015 Tampa Bay Condo & HOA Expo at the Tampa Convention Center on October 21, 2015. This Expo attracts industry leaders who share their specialized knowledge and experience and provide relevant, practical tools and information that attendees can take and put to use in their capacity as a board member or property manager.