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
Assessments​
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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...
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Association Legal Documents​
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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...
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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...
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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)...
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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...
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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...
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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...
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Community Associations Institute​
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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...
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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...
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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...
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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...
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