Love 'em or hate 'em, sounds like Florida HOAs is a-hurtin'

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Survey: Homeowner associations beset by foreclosures
Tampa Bay Business Journal

Florida homeowner and condo associations are struggling more and more
with foreclosures, vacancies and bank refusals to cover unpaid fees, a
survey by law firm Becker & Poliakoff found.

The growing crisis is undermining upkeep, repair and safety of condos
and HOAs statewide, according to the Fort Lauderdale-based firm's
research. The firm has Tampa Bay area offices in Clearwater with five
lawyers, and in Sarasota, where there are three lawyers.

Two-thirds of survey respondents in communities with foreclosures said
the crisis is causing a burdensome revenue shortfall.

More than one-third of survey respondents said their buildings have
postponed major investments in upkeep or repair of property.

Attorney David Muller, who works with the firm’s Community Association
Leadership Lobby, said the higher assessments to cover debt “threaten
to push more owners into default and mortgage foreclosure.”

A big problem for associations is the length of time a property is in
foreclosure. Banks can keep properties in foreclosure for years, but
are only legally required to pay six months of maintenance fees or 1
percent of the mortgage, whichever is less.

The solution association board members is to file their own
foreclosure action, forcing the bank to close on its foreclosure
faster. But, that also takes money – $500 for the filing.

More than 90 percent of respondents said state lawmakers should
increase the liability of first-mortgage holders for unpaid
assessments.

The online survey was conducted for Becker & Poliakoff in late
January, with response from 1,589 property owners. Three-quarters of
survey respondents were in a position as elected members of their
community’s board, having in-depth information about finances.

http://www.bizjournals.com/tampabay/stories/2009/02/23/daily24

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