ClaudeV (Florida)
Posts: 86
Posts: 86
Posted:
I read the other threads but nothing definitive could be gained from those.
Hence, I am appealing to Roger, whom used to be an active member and invaluable source of information and saneness on this forum.
We have had a few foreclosures in our small, (96), HOA community. One home thus far has been transferred to HUD from the primary mortgage holder. The property was abandoned by the previous owner whom cannot be located. He moved/hid out of state.
Our HOA would like to know WHAT effects, if any, HUD having control of this property has? Since HUD is controlled by a "federal" agency, would they be able to "trump" state and local laws concerning the HOA CC&R's?
It is OUR position that an owner is an owner and the Fla statutes make no exception for HUD nor anyone else. ALL owners are responsible for compliance with the CC&R's, period. Is this a correct interpretation of the Florida statute? (I realize no "legal" advice can be given, but educated opinions are solicited.) :-) Roger??? Thoughts??? Brian?? ditto?
On a second issue: Renters: We, (I'm a BOD member), never contact renters directly. We limit our contacts to the property owners, period. One of our rationales for doing so is a liability issue: If a renter moves out because HOA members approached them, the owner could hold the HOA liable for loss of income on the property because we "ran his renter off". Hence we avoid direct contact with renters when it comes to complaints, however renters are welcomed to community events etc except BOD meetings and general annual meetings. (They can come but have no voice and are advised of the same.)
Hence, I am appealing to Roger, whom used to be an active member and invaluable source of information and saneness on this forum.
We have had a few foreclosures in our small, (96), HOA community. One home thus far has been transferred to HUD from the primary mortgage holder. The property was abandoned by the previous owner whom cannot be located. He moved/hid out of state.
Our HOA would like to know WHAT effects, if any, HUD having control of this property has? Since HUD is controlled by a "federal" agency, would they be able to "trump" state and local laws concerning the HOA CC&R's?
It is OUR position that an owner is an owner and the Fla statutes make no exception for HUD nor anyone else. ALL owners are responsible for compliance with the CC&R's, period. Is this a correct interpretation of the Florida statute? (I realize no "legal" advice can be given, but educated opinions are solicited.) :-) Roger??? Thoughts??? Brian?? ditto?
On a second issue: Renters: We, (I'm a BOD member), never contact renters directly. We limit our contacts to the property owners, period. One of our rationales for doing so is a liability issue: If a renter moves out because HOA members approached them, the owner could hold the HOA liable for loss of income on the property because we "ran his renter off". Hence we avoid direct contact with renters when it comes to complaints, however renters are welcomed to community events etc except BOD meetings and general annual meetings. (They can come but have no voice and are advised of the same.)