Which is primary...Florida Statues or Townhome HOA CCR?

I'm not an attorney and you should consult one but statute trumps CC&R.

Is this the statutes you are using?
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0718/Sections/0718.116.html

http://www.flsenate.gov/Laws/Statutes/2015/Chapter720/PART_I/

Yes it did, all you have to do is follow the links

Since the CC&R are a contract, and the primary intent of the state law is to limit exposure because there could be foreclosed units with ten years of back dues, I would guess that any court would decide that the contract has primacy. There is nothing that a financial institution does better than drag it's feet, it could take forever for you to possibly avail. I'd say take the money and make the matter closed.

You can argue, but aren't we talking about a total of eleven months dues?

Sue them in small claims court, that'll put the shoe on the other foot, and they'll have to spend to defend.

They may want to cut a deal at that point, maybe six months and you all walk away the happier.

I would have to agree with the title company. Even though there is a state law that would allow you to collect up to a year's worth of assessments, your CC&R's are more restrictive and prohibit any liability for prior assessments. Unless the state somehow forbids that clause in your CC&R's, it will prevail. Your association should have amended its CC&R's to remove that condition.

Linda first off, are you covered under 718 Condos or 720 Free Standing Homes? Since you state in your post you are townhomes, I'm presuming you are covered under 718. If the original loan was written before April 01, 1992 the bank may be correct which is why I suggested you consult the HOA's attorney.

718.116 Assessments; liability; lien and priority; interest; collection.—
(1)(a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severally liable with the previous 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 owner may have to recover from the previous owner the amounts paid by the owner. For the purposes of this paragraph, the term “previous owner” does not include an association that acquires title to a delinquent property through foreclosure or by deed in lieu of foreclosure. A present unit 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.

(b)1. The liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagee’s acquisition of title is limited to the lesser of:

a. The unit’s unpaid common expenses and regular periodic assessments which 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

b. One percent of the original mortgage debt. The provisions of this paragraph apply only if the first mortgagee joined the association as a defendant in the foreclosure action. Joinder of the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee.

2. An association, or its successor or assignee, that acquires title to a unit through the foreclosure of its lien for assessments is not liable for any unpaid assessments, late fees, interest, or reasonable attorney’s fees and costs that came due before the association’s acquisition of title in favor of any other association, as defined in s. 718.103(2) or s. 720.301(9), which holds a superior lien interest on the unit. This subparagraph is intended to clarify existing law.

(c) The person acquiring title shall pay the amount owed to the association within 30 days after transfer of title. Failure to pay the full amount when due shall entitle the association to record a claim of lien against the parcel and proceed in the same manner as provided in this section for the collection of unpaid assessments.

(d) With respect to each timeshare unit, each owner of a timeshare estate therein is jointly and severally liable for the payment of all assessments and other charges levied against or with respect to that unit pursuant to the declaration or bylaws, except to the extent that the declaration or bylaws may provide to the contrary.

(e) Notwithstanding the provisions of paragraph (b), a first mortgagee or its successor or assignees who acquire title to a condominium unit as a result of the foreclosure of the mortgage or by deed in lieu of foreclosure of the mortgage shall be exempt from liability for all unpaid assessments attributable to the parcel or chargeable to the previous owner which came due prior to acquisition of title if the first mortgage was recorded prior to April 1, 1992. If, however, the first mortgage was recorded on or after April 1, 1992, or on the date the mortgage was recorded, the declaration included language incorporating by reference future amendments to this chapter, the provisions of paragraph (b) shall apply.

(Not the entire chapter)

Glen, In answering your question, we a a Townhouse Homeowner's Association, which in Florida Statutes falls under Chapter 720. I've read the whole section trying to figure this all out myself....wish us luck!

Right...and thanks for responding again....I poured over all of the statutes, came to realize since the original loan was before the new Florida's Save Harbor Rule everything reverted back to the original docs. The Fanny Mae rep. will at least pay current money due since title reverting back to Fanny Mae, plus late fees, postage, copies, etc., but that only a little over $300. At least we'll be getting "something" each month until it's sold...It truly kills me to have to try to "absorb" over $3,200. Again, thanks for responding....I believe this matter is over for now, and am finding this web site very informative. Thanks to all folks for your time and input. Linda