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The lis pendens will show up on any title search, thus preventing the Unit Owner from selling or transferring the property in avoidance of the assessment foreclosure action.
Any transfer of title after the recording of a lis pendens takes subject to the pending lawsuit.
If the unit owner defends and contests the lawsuit, then the association is engaged in contested litigation and will need to file motions and conduct discovery in order to prevail in the foreclosure.
This is so, even if the non-attorney is a licensed community association manager. The lien must be signed by an officer or authorized agent of the association, and must be recorded in the public records of the county in which the condominium parcel is located. The condominium declarations may have exemptions to liens, such as developer exemptions, so it is therefore of the utmost importance to confirm with the community documents the exact nature of the condominium assessment lien rights. If the declaration of condominium does not specify an interest rate, interest accrues at 18% per annum from the date of delinquency. If either the declaration or the association’s bylaws allow, the association may levy a late charge of the greater of $25 or 5% of the installment of the delinquent assessment.
Even if a late fee does not bear a reasonable relationship to the cost of processing a late payment, the statutorily authorized late charge is not considered usurious.
Thereafter, the condominium association must determine the priority of its lien with a title search on the Unit and identification of the proper party Defendants.
Every person or entity claiming an interest to the condominium property—and whose interest is inferior to the association’s lien—must be joined as a defendant if that person’s or entity’s right or interest is to be extinguished.
Condominium associations are entitled to plead in the alternative claims for money damages for the failure to pay assessments. Additionally, the alternative count allows the association to recover a judgment if—in the middle of proceedings—a superior lienor such as a first mortgagee obtains title, rendering the association’s foreclosure claim moot.
In any event, if a condominium association is named in a lender foreclosure because the unit owner is not paying his or her mortgage, then the association can crossclaim for money damages against the unit owner in the same lender foreclosure action.
This four-part blog will discuss the condominium association’s right to lien, perfecting the condominium association lien, and collection practices for condominium associations.
A condominium association’s governing documents in conjunction with Section 718.116, Florida Statutes, are the genesis of the condominium association’s authority to impose and perfect assessment liens against individually owned units within the community.
In many instances, it has been said that the association has a “perpetual” right to lien, so long as the association remains in existence.
The condominium lien will take its priority in right based on the date the declarations were recorded.
The notice of the association’s intent to record a lien in the public records is delivered to the delinquent unit owner no less than 30 days before the lien is recorded in the public record.Tags: Adult Dating, affair dating, sex dating