Rare Safe Harbor Victory for Homeowner Associations

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Rare Safe Harbor Victory for Homeowner Associations. Arias Bosinger, Community Association, Legislation, Real Estate Law | In the case of Federal National Mtg. Ass’n. v. Mirabella at Mirasol HOA, Inc., Case No. 4D 15-4792 (Fla. 4th DCA, November 23, 2016), Florida’s Fourth District Court of.

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Lender liability for Florida HOA and condominium association assessments 2014 update. and thus be entitled to the statutory safe harbor. Issue: If a homeowner does. [or Homeowners.

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But most litigators are not familiar with this protection, which has, in many cases, caused the loss of the liability limitation the safe harbor provides, says Martin Schwartz of Bilzin Sumberg.

On the surface, Florida’s condominium and homeowners association safe harbor statutes appear to define mortgagees’ pre-title liability to an association. However, there is a tremendous amount.

The HOA accepted the buyer at a time when neither the mortgage nor the statutes contained any Safe Harbor provisions, telling the homeowners’ association that they will only receive the lesser of 1% of the original mortgage or 12 months of unpaid dues if the homeowner defaults on his/her payments. association boards and owners were unaware.

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