In a decision by the Fourth District Court of Appeal, Of the State Of Florida Homeowner Associations have been handed another setback regarding HOA collections of past due maintenance fees. On May 27, 2015 the court rendered a decision in the Appeal in Pudlit 2 Joint Venture, LLP v. Westwood Gardens HOA, Inc., Case No. 4D14-1385 that declares that if a delinquent unit is purchased by a subsequent purchaser and the association has this specific language in its governing documents (“the personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them”),  then the new owner is NOT jointly and severally liable to pay the accrued delinquent fees.

Community association Collections or for that matter any debt that is delinquent often deteriorates into a bitter cycle of pain.  The property owner may fall into hard times and cannot afford their payments due to unforeseen consequences and an unfortunate process begins.  First, there is the courtesy notes from the association and then when that fails to result into a payment the matter is sent to either an attorney or debt collector for action.

After much testimony and deliberation the Florida Supreme Court has finally ruled in the Unlicensed Practice of Law issue.  Florida Community Association Managers are not practicing law by doing their jobs according to the Florida Supreme Court. The 27 page advisory opinion, just released May 14, 2015, is summed up on the last page with the last paragraph concisely named “conclusion”:

Written by: Mitch Drimmer
Every business has their share of those who are unwilling to pay what they owe, and this happens often in Homeowners and Condominium Associations. If you come across unresponsive members, you should be ready to act. Regarding community association collections one option is to hire a collections agency to do the work for you.