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FIRST
CAME THE STATUTES -- AND THEN THE COURT WARS!
By
Jan Bergemann
Published
October 25, 2013
Let’s
make no mistake: Making neighbors responsible for the payments
of bills for neighbors who stopped paying is most likely the
biggest flaw in the so-called community association system. It
clearly makes no sense that neighbors have to pay the bills of
so-called “deadbeat” neighbors who live in
units/homes without paying a dime.
I
always ask myself: How can anybody in his right mind support a
system that forces owners to pay the bills (like TV-cable) of
their neighbors under the threat of foreclosure – losing their
home for not paying the neighbor’s bills?
Since
the mortgage foreclosure crisis hit
Florida
some lobbying groups claiming to LOBBY
FOR ASSOCIATIONS (who exactly are “Associations?”)
are coming up with mostly useless ideas to change the status
quo. Most of these “highly
praised” remedies actually backfired – or didn’t do
any good for the associations/owners. The majority of these
“improvements” and/or “clarifications” to existing laws
backfired and created nothing but more legal fees.
Personally
I think that these lobbying groups pushed these changes to
create more income for their law firms.
Over
the years we saw much case law created in response to these
“improved” laws – and mostly they backfired on the
associations/owners. Don’t forget: The law firms always get
paid: Win or Lose!
Here
are some interesting examples of case law dealing with these
changes to the collection/foreclosure law:
Coral
Lakes Community Association, Inc. v. Busey Bank, N.A.
Aventura
Management vs. Spiaggia Ocean Condo Ass.
Ocean
Bank vs. Caribbean Towers Condominium Ass., Inc.
Guiseppe
Servedio vs. US Bank National Association
After
reading all this case law, would you agree that these changes to
the collection/foreclosure provisions in the community
association statutes in the last few years have improved the
situation for associations/owners? I sure don’t! In my opinion
none of these changes really helped the dismal situation caused
by attempts to collect unpaid dues.
But the worst blow to the financial welfare of
associations/still paying owners was delivered by Senator
Jeremy Ring, a Democrat from
Broward
County
, when he sponsored S
1986
[Please
read as well: SAFE
HARBOR PROVISIONS FOR BANKERS IN HOA STATUTES], the
bill that turned out to be a curse for owners living in
homeowners’ associations. These owners were suddenly forced to
pay for the budget shortfalls caused by the fact that this new
law protected banks against the liability to pay for all past
dues and fees created by the non-payment of dues. This bill was
as well supported by all these law firm lobbying groups claiming
to lobby for associations. What
a joke!
No bill in all these years has hurt homeowners living in
mandatory homeowners’ association more than this bill that
obligated homeowners to pay for debts banks/mortgage companies
should be liable for.
I
repeat: Without this bill sponsored by Senator Jeremy Ring there
would be NO
SAFE
HARBOR
PROVISIONS FOR BANKS!
Make
sure not to vote for such a legislator ever again and stop
supporting lobbying groups that support bills that lead to
homeowners’ demise!
AND
MAKE
SURE YOU UNDERSTAND: Your
financial welfare is at stake!
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