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LaaA (Florida)
Posts: 1
Posted:
Is it true that the 2008 change to Fl. statute 720 in favor of the banks and loaning institution only allows HOAs to collect 12 months fees or 1% of the principal morgage from owners foreclosed property?
AllisonD (Florida)
Posts: 449
Posted:
Yes this is true, its commonly called the Safe Harbor Provision and it can be found in the Florida Statutes 720.3085(2)(c), I will paste it below. The main thing this legislation proved to me is that it is totally worth it to pay for a good lobbyist.

(2)(a) A parcel owner, regardless of how his or her title to property has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments that come due while he or she is the parcel owner. The parcel owner’s liability for assessments may not be avoided by waiver or suspension of the use or enjoyment of any common area or by abandonment of the parcel upon which the assessments are made.
(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. For the purposes of this paragraph, the term “previous owner” shall not include an association that acquires title to a delinquent property through foreclosure or by deed in lieu of foreclosure. The present parcel owner’s liability for unpaid assessments is limited to any unpaid assessments that accrued before the association acquired title to the delinquent property through foreclosure or by deed in lieu of foreclosure.
(c) Notwithstanding anything to the contrary contained in this section, the liability of a first mortgagee, or its successor or assignee as a subsequent holder of the first mortgage who acquires title to a parcel by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagee’s acquisition of title, shall be the lesser of:
1. The parcel’s unpaid common expenses and regular periodic or special assessments that accrued or came due during the 12 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or
2. One percent of the original mortgage debt.
GenoS (Florida)
Posts: 4,276
Posted:
We got bit by this after the 2008 financial crisis. From 2008 through 2012 there were a number of homes that were foreclosed on, short sales, underwater walk-aways, bad times. We got here about 2 years ago after most of the storm had been weathered, but from what I hear it was not a fun time. Our last bank-owned home just sold a few months ago and yes, we had to settle for only a year's worth of assessments. Until it sold nobody had been paying assessments for over 3 years.
AllisonD (Florida)
Posts: 449
Posted:
It was not a fun time at all, and after struggling to make ends meet while HOA's had their incomes reduced due to foreclosures, the banks decided to protect themselves by getting the Safe Harbor Provision passed. Then, they delayed the cases that were in court, filing continuances until it was safe to slowly start completing the cases knowing that the houses would start selling. Modern day robber barons, the whole lot of them.
GenoS (Florida)
Posts: 4,276
Posted:
Well, to this day I still say we need banks. But we don't need THESE banks.

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