Last time I told you about Blossom Park condos in April, owners had decided they wanted to take back control of their Association from Receiver Frank Barber.
Several of the owners had high hopes of turning the place around, after many years of neglect. A judge terminated the Receiver’s contract last month.
Well, it didn’t take long for the newly formed Condo Board to throw in the towel. Assessments are seriously delinquent, and remaining owners are apparently not interested in paying for a place that has become a haven for crime and a safety hazard. Reportedly, the trash is piling up now, too.
Florida HOA industry proponents are all abuzz about a recent District Court ruling. The Fourth District Court of Appeals (DCA) has clarified in its decision that if HOA Covenants, Conditions, & Restrictions (CC&Rs) specifically state that a third-party buyer need not be responsible for paying past due assessments, that provision overrides FL state law.
Florida statute currently requires that third-party buyers at foreclosure must pay all past due assessment liens accumulated by prior owners. However, as written, its intent is not to impair contract rights that were in effect prior to the 2007 statute.
I can’t say I’m surprised, but I am thoroughly disgusted by the nature of HOA legislation that has passed the 2015 Legislative session, despite the fact that the FL House threw in the towel 3 days early. Given the hostile nature of other pending bills, it was probably a blessing in disguise.
Here are some highlights of what HOA-related passed and what failed:
CCFJ-backed SB 1308/HB 1263, the bill that would have authorized limited state oversight of HOAs similar to that available to condo owners, died before ever making it to a committee, for the second year in a row.
Florida Legislators have done it again. They have managed to pass a bill that gives the illusion of protecting condo owners, but, in reality, does very little to prevent real estate investors and developers from exploiting consumers, violating 5th Amendment Rights to unlawful taking of property and just compensation.
After Bob Norman of Channel 10 news brought media attention to Board member misconduct at Georgian Court North Condo Association last fall, former President Ed Ryan entered a guilty plea on criminal charges of practicing community association management without a license.
The Judge sentenced Ryan to 3 months probation and 25 hours of community service. Ryan was also ordered to return his ‘borrowed’ car to the Association and resign from the Board. The judge did not order financial Restitution.
The Attorney General opened the case following an investigation by Local 10 News in September.
