Defenses to HOA and Condominium Assessment Actions
It is without saying that HOA and Condominium Associations wield a wealth of power granted by the Florida Legislature in recent years in assessment actions, whether against the original owner or against subsequent owners purchasing the property at a foreclosure sale from the institutional first mortgage. People are often surprised to find out that they are personally liable for assessments simply by being reflected on the chain of title, irrespective of whether they ever occupied the property or were responsible for any loan against the property. Worse yet, they are jointly and severally liable for all past due assessments with prior owners of the property. We have dealt first hand with numerous horror stories of purchasers at a foreclosure sale thinking all liens were extinguished in the foreclosure action of the institutional first mortgage, only to get an assessment bill in the tens of thousands of dollars for past assessments. Despite the deck being stacked against them, there are potential defenses in such actions. Hennen Law, PLLC has represented numerous individuals and investors in getting their past due assessments reduced to zero or reduced substantially. It is important to get competent advice from legal counsel knowledgeable about HOA and condominium assessments and all potential defenses. Please call today to schedule your free consolation to speak with a Hennen Law, PLLC partner about all your assessment and general legal needs.