Rare Safe Harbor Victory for Homeowner Associations

On the surface, Florida’s condominium and homeowners association safe harbor statutes appear to define mortgagees’ pre-title liability to an association. However, there is a tremendous amount.

This decision changes the balance of power between lenders and homeowner associations and will have an impact on mortgage foreclosures moving forward. In 2008, the Homeowners Association Act was amended to provide lenders safe harbor from assessment liability.

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Homeowners of the Harbor Hills Homeowners Association, Inc. could celebrate a great victory against the developer of their community. In a case that actually started January 19, 2005, the 5th DCA upheld a JURY VERDICT of the Circuit Court of the Fifth Judicial Circuit, in and for Lake County, Florida.

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Community Associations – 2016 Legislative Update. Westwood Gardens Homeowners Association, Inc., 4D14-1385 (Fla. 4th DCA May 27, 2015) If there’s a conflict between the safe harbor provisions in the HOA Declaration and the statute, the Declaration controls. Attorney-Client Privilege.

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Even though Safe Harbor limits the banks liability if the necessary requirements are established, some associations continue to prepare estoppel certificates asking for more than what is set forth by Safe Harbor. These associations must be careful what they ask for.

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But then the bank finds out there is a homeowners association or condo association past due amount. In each state it is different, but in Florida, it’s a nightmare. A safe harbor rule under a legal statute declares the first-lien holder can pay the lesser of either the past 12 months in assessments or 1% of the original principal balance on the.

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