Chapter 9-1 Introduction

• Jurisdiction: Florida

9-1 Introduction

This chapter deals only with homeowners and condominium associations in the context of foreclosure and post-foreclosure actions, and is not an attempt to analyze the whole of association law in Florida.¹ This chapter also does not address potential tort liability of associations or their counsel related to baseless lien recordations,² nor does it discuss litigation with receivers dealing with associations.³ This chapter does, however, intend to analyze litigation that arises from association involvement in foreclosures, both during the foreclosure and after the foreclosure judgment and sale.⁴

--------

Notes:

^[1] To the extent one desires such an analysis, Florida Community Association Litigation: Homeowners' Associations and Condominiums, by Ron M. Campbell, published by The ALM/Daily Business Review, is highly instructive.

^[2] See generally AGM Inv'rs, LLC v. Bus. Law Grp., P.A., 219 So. 3d 920 (Fla. 2d DCA 2017).

^[3] Fed. Nat'l Mortgage Ass'n v. JKM Services, LLC for Cedar Woods Homes Condo. Ass'n, Inc., 256 So. 3d 961, 967 (Fla. 3d DCA 2018) ("The Receiver's compensation, attorney's fees, and costs, are payable by the non-prevailing party if the receivership was commenced under subsection 718.116(6). . . . In the case of a common law receivership established for the preservation and protection of property involved in a pending lawsuit, the 'courts are generally vested with considerable discretion in determining who shall pay the cost and expenses of receiverships,' though '[r]eceivership fees, being a part of costs, follow the result of the suit.' . . . Under either of these scenarios and sources of authority, FNMA did not move for the Receiver's appointment and was not a party to the 2009...