MORE FORECLOSURES TO COME?

By Jan Bergemann

Published July 17, 2020

 

A lot is written about another wave of foreclosures caused by COVID-19 is coming soon. Yes, there may be foreclosures on the horizon, but I don’t think it’s time to panic. Some associations already consider writing a budget for next year, including line items for unpaid maintenance fees.

 

I think our associations are much better equipped to deal with another wave of foreclosures unlike in 2007/2008 when a crashing economy caused associations to levy special assessments to balance the budget and in order to pay necessary bills.

 

The Florida statutes are now containing provisions that explain in detail how to deal with such a possible financial crisis.

 

Eric pointed out in his blog posted Monday that our esteemed legislators protected banks and mortgage lenders against unpaid association dues. Associations just have to make sure to be ahead of banks when it comes to foreclosures for unpaid dues. Banks normally take a while before starting foreclosure procedures. Make sure the association beats them to the punch.

 

During the last foreclosure crisis we saw owners paying their maintenance dues, but not their mortgage, knowing that the bank foreclosure lasts a lot longer than the association foreclosure.

 

And if there are renters in the unit/home where the owner doesn’t pay dues, make sure that your association goes after the renter a.s.a.p. That always forces the issue.

 

In summary: Make sure that the association receives the maintenance fees needed to pay the bills, but make sure that you allow payment plans from owners who are willing to find an amicable solution.


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Jan Bergemann Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community  

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!

 

CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.

 

The organization has two websites to inform interested Florida homeowners and condo owners:

News Website: http://www.ccfj.net/.

Educational Website: http://www.ccfjfoundation.net/.

   
We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !


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