2 Responses to Collection Strategies For Florida Condominium Associations
  1. Donna Matthews

    Reply

    We have a unit owner in foreclosure in our bldg. He filed bankruptcy and won’t pay anything. Can the condo association force other unit owners to pay for bankruptcy attorney fees? We’ve paid one assessment already and are being forced to pay another one, please help. Thank you

  2. Condo Owner Magazine

    Reply

    Yes, the Association may retain counsel to assist with the operation of the Association and to provide direction in its legal affairs.
    Based upon the question presented, it appears that a unit owner is in arrears regarding assessments and, to further complicate matters, has filed bankruptcy. The Association certainly needs to know what its options are in such an event, and retaining an attorney to provide legal consultation or to pursue the Association’s claims in the bankruptcy estate would appear to be a legitimate endeavor.The engagement with counsel is, essentially, a contractual relationship. Fees expended for that attorney are normally recouped via assessment. The Association, pursuant the Condominium Act, has the legal authority to enter into such contracts and to assess owners for operational expenses. Submitted by Will Anderson, Attorney At Law, Daniell, Upton & Perry, P.C., http://www.dupm.com

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