Frequently Asked Questions
People often have many questions when it comes to association legal matters.
We have answered the most frequently asked questions regarding community association law
Homeowner associations can compel homeowners to pay a share of common expenses, usually per-unit or based on square footage. These expenses generally arise from common property, which varies dramatically depending on the type of association...
The Declaration is sometimes referred to as the "master deed," "documents," or "declaration of covenants, conditions, and restrictions" (CC&R's). It describes an owner's responsibilities to the association, which can include payment of dues and assessments...
Association management is a distinct field of management because of the unique environment of associations. Associations are unique in that the owners are dues-paying members. Members also govern their association through an elected board or other governing body...
A homeowners' association (HOA) is a legal entity created by a real estate developer for the purpose of developing, managing, and selling a community of homes. It is given the authority to enforce the covenants, conditions & restrictions (CC&R's)...
There are three types of bankruptcy that commonly affect community associations: Chapters 7, 11, and 13. The two that usually affect associations the most are Chapters 7 and 13. In a Chapter 7 bankruptcy, the debtor has little or no income; hence their personal obligation toward most of their debt is discharged...
In relation to an HOA, community, or other formal organization, a director is an officer charged with the conduct and management of its affairs. The directors collectively are referred to as a board of directors...
The cost of eviction of a tenant can be added to the homeowner's account, because the eviction was pursued in an attempt to collect the homeowner's monetary obligations to the association...
Community Associations Institute
CAI is Community Associations Institute, a national and chapter-based membership organization dedicated to fostering successful common-interest communities. In addition to state and national legislative advocacy on behalf of associations, CAI provides education, tools, and resources to those who govern and manage association-governed communities...
If the association has lien rights, the association can pursue a lien foreclosure action against the homeowner. Florida has two (2) statutes which specify the requirements needed to be completed in order to foreclose on an association lien...
Most community associations can enforce their right to collect assessments by recording a lien against a property. If necessary, most associations can even foreclose and sell the property at a public auction to collect what's owed. HOA and condominium liens take a back seat to tax liens and first mortgages...
Unlike lien foreclosure cases, in personal judgments, the parties (association and homeowner) are required to attend a mandatory mediation. If the homeowner attends, a settlement can sometimes be reached...
