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Generally, a condominium association cannot "evict" a unit owner. It needs to seek other legal remedies according to the appropriate state. .

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The condo association has a legal duty to ensure buildings are being maintained and structures are safe but the board also has to take into consideration the.

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Orlando Sentinel. •. Feb 24, 2015 at 8:42 pm. WINTER SPRINGS — Shirley Lofgren, 85, is being forced to sell the sun-filled, waterfront condo she and her husband bought nine years ago for less.

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Generally, it takes an affirmative vote from 80% of homeowners to abolish an association. Read your CC&Rs and understand your state’s laws, which will outline the rules and specify the procedure for how to dissolve the association. If this is still a plan of action you wish to pursue, you will need to hire an attorney with experience in this. .

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718.111 The association.—. (1) CORPORATE ENTITY. —. (a) The operation of the condominium shall be by the association, which must be a Florida corporation for profit or a Florida corporation not for profit. However, any association which was in existence on January 1, 1977, need not be incorporated. The owners of units shall be shareholders.

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The Atherton Homeowners Association found a condominium association liable for $495,000.00 in water damage to a resident’s units. The resident had made repeated complaints to the Board in 1991 of water damage, mustiness, and moistness in her unit. The Board did not take action, however, until 1994, when an architect was hired to design a.

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Once a special assessment is in place, ignoring the fee is not a solution for the buyer or seller. If the property owner fails to pay the special assessment, it becomes a lien against the condominium. A lien is a charge or claim against real property, giving the lien holder the power to force a sale of the property to collect the unpaid debt.

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READ MORE: Florida law could help rich investors force condo owners from their homes Hurricane Andrew in 1992 and major hurricanes in 2004-5. As for deactivating pool keys, both the Condo and HOA Acts provide that the board of directors can suspend an owner’s or resident’s right to use the common facilities for a.

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There are some new HUD (Housing and Urban Development) Rules that went into effect October 2016 which may have a significant impact on Condominium and Homeowners Associations, and although we very much dislike these new Rules for the reasons set forth below, it is important for Associations to be aware of these new liability traps.

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Buyer Behave. The most common reason a condo board forces an owner to sell is for non-payment of condo fees. In that case, it’s really no different than if you stopped making your mortgage payments and the bank forecloses on you. But in some rare cases – and we should emphasize that this is extremely rare – condo boards can and have.

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In most cases, a condo “deconversion” – also knows as a condo takeover – is initiated by real estate investors that purchase 75-80% of the units and then vote to terminate the condominium association, usually forcing remaining unit owners to sell their condos and vacate, or rent them back from the new apartment owners.

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    Yes absolutely you can sell your home. All leins on the property must be cleared before closing of the sale or escrow. annejohnson6. 2016-01-21T04:47:19Z. Yes you can. The amount owed to the HOA will be satisfied at the close of escrow--as long as there is enough seller proceeds to cover the amount due. Subsection 17(3) of he Condominium Act provides that a corporation has a duty to take all reasonable steps to ensure that the owners, the occupiers of units, the lessees of the common elements.

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A homeowner can also sue if the HOA has violated its own rules. Because the CC&R is a contract between the homeowner and the HOA, failure of the association to uphold the regulations can be considered a breach of contract. For example, the CC&R may require that a member of the HOA board must be a homeowner.

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In a recent case, Zordel v.MTCC No. 949, a couple of unit owners (the “Applicants”) sued the condominium corporation after it entered into a new agreement with a new service provider for the provision of bulk television and internet services.The Applicants claimed that the corporation did not have the jurisdiction to enter into the agreement and require the unit.

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