Early in August 2014, the Second District Court of Appeals of Florida (the “Appellate Court”) issued an important decision that may impact your community association’s practices as the decision relates to the acceptance of a unit owner payment accompanied by a restrictive endorsement.
With September upon us its back to school for millions of American children, and by law they are required to either attend school or prove that they are being properly home schooled. In a very similar parallel the law in Florida requires that board members of HOAs and Condos attest in writing that they have read the governing documents of their community associations or attend a two hour board certification class. Both students and board members must either prove that they have gone to school or done their reading.
Of the three abandoned apartments that were being rented out one of them went to a tax deed sale and was purchased by a Mr. Hal Parker. Of all the people in the world to buy this tax deed Tim, Joe & Rita wanted Mr. Parker to win this auction least of all. Mr. Parker had credentials. He had serious credentials. Aside from being a forensic CPA, Mr. Parker was also a retired investigator for the Internal Revenue Service and had irritable bowel syndrome which made him a very ill tempered man. Since his retirement Mr. Parker amused himself by buying properties at tax deed sales, fixing them up, and renting them or selling them. It was his hobby and he did not like people interfering with his hobbies.
When we last left Tim, Joe and Rita they had committed a mountain of sins against their own community association. By having private board meetings they had violated state statutes. When they diverted rental revenue to their own bank account they were guilty of grand theft. When they drilled the locks on abandoned units and rented them out they committed an act of breaking and entering. Worst of all they had violated the trust of their neighbors and partners in Gonif Condo association, but this was just the beginning.
