Rare Safe Harbor Victory for Homeowner Associations

Two HOAs may have spoiled hopes for HOAs to continue collecting extra-assessment charges-including late fees, fines, interest, attorney’s fees, and costs-from banks who take title to homes and condos in mortgage foreclosure. See Catalina West HOA and Old Cutler Lakes by the Bay Comunity Association v.

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Visit Safe Harbor Landing. A residential community in Coles Point, Virginia. Browse our neighborhood information and resources in Coles Point, Virginia. Homeowners Association for Safe Harbor Landing

Ocwen Loan Servicing – Aegis Mortgage Co. mortgage companies Orlando Florida Rare Safe Harbor Victory for Homeowner Associations This decision changes the balance of power between lenders and homeowner associations and will have an impact on mortgage foreclosures moving forward.

Lender liability for Florida HOA and condominium association assessments 2014 update. and thus be entitled to the statutory safe harbor. Issue: If a homeowner does. [or Homeowners.

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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The HOA accepted the buyer at a time when neither the mortgage nor the statutes contained any Safe Harbor provisions, telling the homeowners’ association that they will only receive the lesser of 1% of the original mortgage or 12 months of unpaid dues if the homeowner defaults on his/her payments. Association boards and owners were unaware.

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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