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Category: Assessment Collection

Lessons Learned from 5th DCA’s Overturned Condominium Foreclosure

Lessons Learned from 5th DCA’s Overturned Condominium Foreclosure

Florida’s Fifth District Court of Appeals (“5th DCA”) reversed a condominium association’s final judgment of … more

Posted in Assessment Collection, Foreclosure
Do Scrivenor’s Errors Invalidate an HOA Claim of Lien

Do Scrivenor’s Errors Invalidate an HOA Claim of Lien

In Pash v. Mahogany Way Homeowners Association, Inc., Case No. 4D19-3367 (Fla. 4th DCA January 27, 2021), Florida’s Fourth … more

Posted in Assessment Collection, Community Association, Condominium Association, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association, Litigation/Evidence
Florida Supreme Court Brings Florida Summary Judgment Standard in Line With Federal Standard

Florida Supreme Court Brings Florida Summary Judgment Standard in Line With Federal Standard

The Florida Supreme Court has amended Florida Rules of Civil Procedure 1.510 to “align Florida’s summary judgment … more

Posted in Assessment Collection, Court Decisions of Importance, Foreclosure, Litigation/Evidence
Fifth DCA Recedes From Its Own Precedent Ruling Community Association Assessments Are “Debts” Under FCCPA

Fifth DCA Recedes From Its Own Precedent Ruling Community Association Assessments Are “Debts” Under FCCPA

In a recent decision Williams v. Salt Springs Resort Association, Inc., Case No. 5D18-3913 (Fla. 5th DCA, June 12, 2020), … more

Posted in Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association
Moratorium on Mortgage Foreclosures and Residential Evictions

Moratorium on Mortgage Foreclosures and Residential Evictions

On April 2, 2020, Governor DeSantis executed Executive Order 20-94 suspending mortgage foreclosures and residential … more

Posted in Assessment Collection, COVID-19, Foreclosure
Assessments are a Debt Subject to the Florida Consumer Collection Practices Act

Assessments are a Debt Subject to the Florida Consumer Collection Practices Act

The collection of consumer debts is regulated both by the federal law under the Fair Debt Collection Practices Act (the … more

Posted in Assessment Collection, Condominium Association, Court Decisions of Importance, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association
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