Association
Attorneys
The duties faced by directors of a homeowner’s association can often become difficult requiring time, attention and dedication.  We
assist communities with their legal issues and concerns ranging from collections to enforcement of violations of restrictive covenants
and all other matters affecting each community including but not limited to amendments, maintaining or revitalizing restrictive
covenants within the 30 year applicable time under the Marketable Title Act, review of all contracts and other legal matters affecting
each community.

This year, we find ourselves in a pivotal moment in time when the nation’s economy and real property values are in a critical status.  
The values of homes within Florida have fluctuated tremendously with many foreclosures in the aftermath.  This in turn has left boards
of directors of each association with varying levels of economic impact on their annual budgets, monitoring occupants and ownership
and related work.  

Recent Appellate Opinion Concerning Bank Foreclosures:        

There are many procedural and other limitations that pertain to each homeowner and foreclosing bank that should be carefully
considered by each board of directors.  Banks and other new owners in each association must begin paying assessments upon
obtaining a Certificate of Title from a foreclosure sale.  It is especially important to analyze the Declaration of Covenants and
Restrictions to regarding obligations of foreclosing lenders to determine amount.  

Recently, an appellate court issued an opinion that affects each homeowners association as to whether any past-due amounts of
assessments, including 12 months or 1%, whichever is less, through Fla. Stat. § 720.3085(2) can be recovered from a foreclosing first
mortgagee lender.  In the case of
Coral Lakes Community Association, Inc. v. Busey Bank, N.A., et al., 2010 Fla. App. LEXIS 1799,
*; 35 Fla. L. Weekly D 431, Case No. 2D08-5062, an appellate court refused to impose said 12 months or 1% from the foreclosing
institutional first mortgage bank.  The court referenced three reasons including: (1) the mortgage pre-dated the 2008 amendment that
specifically references the 12 months or 1% and application of the law requiring 12 months or 1% would impair the mortgage that
relied upon language in the Declaration of Covenants and Restrictions that protected first mortgagee banks from past-due
maintenance.  Although this opinion was rendered by an appellate court outside of the Broward County district, it applies to each
community in Florida until and unless there is another opinion to the contrary.

We represent Homeowners Associations and owners regarding:
*        Full-service association representation;
*        Collections, liens and foreclosure;
*        All daily issues;
*        Opinion letters;
*        Annual meetings;
*        Elections;
*        Preservation and Revitalization of covenants and restrictions;
*        
Construction contracts and claims;          
*
       Developer turnover disputes (construction, financial and other matters);
*        Mediations and mediator services;
*        Applications for occupancy, purchases or leases of homes;
*        Nuisance claims;
*        Violations of rules and restrictions;
*        Fines;
*        Contracts;
*        
Revitalization of Covenants and Restrictions;
*        Amendments to the Covenants and Restrictions and/or By-Laws;
*        
Recall agreements;
*        Arbitration;
*        Litigation; and
*        Other matters.

We will ensure that your association remains satisfied with our services and that the Board of Directors receives fast and effective
representation.

Our office represents homeowners on a case by case basis.  Homeowners can obtain further information by calling or sending an e-
mail to this office.  

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Call or send an e-mail today for a free initial consultation at (954) 589-0119 or
info@demoslaw.com

The information contained on this page and within this website is not to be construed as legal advice and any persons interested in
obtaining information for a particular situation should contact an attorney to discuss same.  A legal opinion will be provided if and
when a consultation with our office occurs.  Please contact our office today.  

The hiring of an attorney is an important decision that should not be based solely upon advertisements.  Before you hire an attorney,
you have a right to ask for further information regarding the attorney's background, training and experience.

Copyright (c) 2014
e-mail us now at:
info@demoslaw.com
News and Notes - Did you Know ...

Denying access to common areas to non-paying community association owners:
There is a relatively new statute that relates to condominiums, homeowners associations ("HOA's") and cooperatives allowing denial of use of certain
common areas when an owner is 90 days or more past-due.  The denial does not apply to utilities, parking spaces or elevators.  There must be notice
to the owner and any tenant and it must be imposed at a board meeting.  Other considerations and requirements apply.

Collecting rent from tenants in units that are past-due
Condominiums, HOA's and Cooperatives may demand rent from tenants in units that are past-due in their maintenance.  The condominium has the
power to evict tenants failing to pay the condominium in a timely manner under the landlord/tenant statute pursuant to statute.  Certain restrictions and
notice requirements apply.

Condo board members are deemed to have abandoned their position on the board
In a condominium, a director who is more than 90 days past-due in amounts to the association including assessments, fines or other amounts are
deemed to have abandoned their office.  Such a delinquency does not prohibit a candidate for a director position although the financial arrears must
be paid prior to an election to be a viable candidate at the time of the election.  

At a homeowner association, a board member past-due 90 or more days in any fee, fine or other monetary obligation may not serve on the board.

Permission to speak at meetings
2011 Florida statutory amendments make it clear that members are permitted to speak as to all items on an agenda at a board meeting.  This law
applies to condominium, homeowners associations and cooperative associations.

Board meetings - sunshine requirements
Florida law requires that a board must conduct open meetings to the rest of the membership unless an attorney present discussing pending or
proposed litigation.  A condominium or homeowners' association (but not a cooperative) may have a closed meeting regarding personnel matters
without an attorney present.

Condominium and HOA responsibility for past-due maintenance on units it acquires through foreclosure of liens
A condominium and HOA is not required to pay itself as a "subsequent owner" of a unit as to units obtained through foreclosure.

Note: There are frequent changes to the Florida statutes and there are constitutionality or other challenges pending or that were pending regarding
one or more of the foregoing statutes.
ANDREW C. DEMOS,
P.A.
Attorneys at Law
Call: (954) 589-0119
Free Consultation