Your Association Is the Proud Owner of a Unit or Lot, So Now What??
By: Leigh C. Katzman, Esq.
Picture this scenario: a common interest ownership association obtains a judgment as a consequence of a unit owner's failure to pay delinquent assessments. Pursuant to the judgment, the unit is put up for auction at foreclosure sale. If there are no other bidders on the property, the association would be the successful bidder on its judgment. The Clerk of the Court would then issue a Certificate of Title to the Association with respect to that unit or lot. The association is now the owner of the unit or lot! What now? We first must look at the current market conditions that are impacting an association's decision-making process and procedures as they relate to assessment collection.
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That the Flag Was Still There -
Flying Old Glory in a Florida Community Association
By: Mark M. Heinish, Esq.
In late 1999 or early in 2000, a battle began between George Andres and the Indian Creek Phase III-B Homeowners Association, Inc. At the time, no one noticed.
Andres, a veteran of the United States Marine Corps in the late 1950's, erected a 12-foot flagpole in the front lawn of his townhome. When the homeowners association demanded removal of the flagpole as an unauthorized improvement, Andres refused and a lawsuit was filed.
In October 2000, Judge Catherine Brunson, of the Circuit Court in West Palm Beach, ordered Andres to remove the flagpole, ruling that the homeowners association did not infringe upon Andres' constitutional rights by requiring the flying of flags only on brackets attached to the townhome. Still, hardly a whisper of protest from the community.
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