Collections for condos and HOAs require you to consider this, The Fair Debt Collection industry has established an objective test based on “the least sophisticated consumer”. The purpose of this is to protect consumers. Some are Harvard Graduates and others are less educated and there are always the very clever.
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.
In my journeys through the community association world I go to a lot of conferences, seminars, board meetings and read hundreds of articles about how to best manage and govern a community association. It has almost become a cliché that communication is the most important aspect in managing an association. While I don’t disagree, I also believe that information and facts are just as important and it is a commodity that is sorely lacking. Plainly stated Solid Information Is Critical