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.

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.

As a resident of a community that is run by a homeowners association, you may be accustomed to paying a monthly HOA fee in addition to your mortgage. Maintenance fees may be frustrating to some homeowners due to the fact that they are unaware of the importance of it and where it goes. It’s the responsibility of the homeowners association to educate its residents about what is covered in the assessment and to ensure that no one is left behind. HOA Collections are key to maintaining a top notch community.