Q&A If I Purchased A Foreclosure Property What Do I Owe the Association?

Q:

I received the Certificate of Sale, then Certificate of Title. I have now received an invoice for $18,000 in past dues for the last 4 years. Is this legal?

A: 

This is a frequent issue in foreclosure situations where the buyer is saddled with “buyer beware” or taking the property “as is”. There are a handful of arguments which may be made, although their efficacy is fact specific.

You should consider having an attorney review the Final Judgment of foreclosure entered in the case as well as having said attorney review the specific amounts being requested by the Association to ensure that the amounts may be recovered against the previous parcel owner as well as yourself and are not simply being “piled on”.

The relevant statute is 720.3085 (2)(b):

(b) A parcel owner is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the present parcel owner may have to recover any amounts paid by the present owner from the previous owner.

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Q&A Can Condominium’s Evict Owners for Failure to Pay Assessments?

Q:

We live in a condo community in Florida. We have five owners not paying their HOA fees. Can we evict them?

A:

Florida Statute provides that Associations can file a claim of lien for delinquent assessments under Section 718.116 (condos) and 720.3085 (HOAs). The applicable statutes further provide that the claim of lien, if prepared properly, can be foreclosed on in the same manner as a bank holding a mortgage forecloses on the property. (provided certain criteria is first followed)

To remove the owner of a unit or lot after a foreclosure the proper action is obtaining a “writ of possession”. This document, entered by the Court, removes the former owner from the property so that the new owner, as determined by a foreclosure sale, can enter the premises.

The condominium’s Declaration of Condominium may contradict the statute and provide for lesser means of recovery or action than is provided by in the statute. You should consult with an attorney in your area as corporations are not allowed to proceed without an attorney in an Association Foreclosure actions such as this.