Q&A – Back Dues

Q. Does F.S. section 718.116 apply to a short sale as well as a foreclosure where the lender who takes title is to pay 1% or 12 months, whichever is less?  I have a lender wanting the Association to take 6 months back dues – not 12 months.

A. The 12 months or 1% only applies where the lender takes title through foreclosure or deed in lieu of foreclosure and does not apply in a short sale.

If the subject property is a condominium, the parties may not agree to accept less than the full amount due in a short sale. If the amount due is reduced for one owner it must be reduced for all owners – the same amount. If the subject property is an HOA, the HOA statute does not have the same language. In either case, I would strongly suggest consulting with the Association attorney before agreeing to any adjustments in a short sale.

Leave a Reply

Ask Fred

At Gray Systems, we believe that learning shouldn’t end once you step out of the classroom. This blog allows Fred to share his expertise in the Community Association Management (CAM) and Contractor (CILB & ECLB) industries. It’s a place to discuss industry related trends, code changes, insight, and know-how.

Login Now

Or

🎉 Woohoo! You’ve made the first step toward a stunning, custom-built website. We’re thrilled to craft a Florida-compliant site that’s uniquely yours.
Let’s create something extraordinary together!

Check your email for more deatils

🎉 Congratulations! Your journey toward a compliant and upgraded website begins now. With our Compliant Portal, we’re ready to take your existing site to the next level. Let’s do this!

Check your email for more deatils

Sign Up

Or