An association-savvy attorney can help you understand your state law -- there is no federal standard about how proceeds are used from this sale.
Depending on the actions taken by the association, i.e., a lien taken out against the title based on overdue assessments, the proceeds from the sale may be used to pay some assessments, based on the lien priority and the other debts owed for which the sheriff sold the property.
The bank may be subject to paying assessments if they acted to foreclose the property, and owned it without paying assessments. Again, action of the association is key here.
The outstanding fees will show up at the closing. Obtaining a certificate that there are no fees due is an automatic part of a closing on a condo unit or a property subject to any association fees.
Yes, a homeowner association or other homeowners in a community can take a homeowner to civil court for overdue assessment fees in Florida. The homeowner association or other homeowners would need to file a lawsuit against the homeowner, seeking a judgment for the unpaid fees. If successful, the court may order the homeowner to pay the overdue fees, as well as any associated legal costs or penalties.
Read your association's collection polity to discover the rate of late fees and how they are applied. Generally, state laws are not specific about late fees, but may set limits, such as 'four percent over T-bill rates'. Your association treasurer or auditor can answer your question specifically.
Assessments are owed to the association by the condominium owner. If it's a bank, then the bank owes assessments.
A homeowners' association would file a labor and materials lien entitled Assessment Lien. See the HOA covenants for more information on liens. I would recommend that the HOA retain a real estate attorney to prepare and file the liens.
Read your governing documents to determine how the fees should be charged, whether they should be charged to a limited number of owners, or to all owners in the association. Apparently, a citation was required to settle a difference of opinion among owners, or between owners and the board. Yes, this is association business, and yes, the fees should be charged to owners.
The specific legal requirements for notifying a homeowner of late association fees may vary depending on the jurisdiction and the governing documents of the homeowners association. In some cases, certified mail may be required, while in others, alternative methods such as regular mail or email may be sufficient. Homeowners should refer to their association's governing documents or consult with a legal professional to determine the exact notification requirements in their situation.
In most cases the association would place a lien on the property. That would not be subject to a statute of limitations.
Bank fees can be checked online on the website of the bank that you bank with as they will have the exact amount you have to pay as bank fees do vary from bank to bank.
Depending on your location, there may be or may not be state laws a that address this issue. Basically, late fees must not be usurious or outrageous. Your association's collection policy addresses this issue specifically. Your treasurer or accountant can answer your question.
Homeowner association fees are NOT deductible on the individual taxpayers 1040 income tax return.
Yes. If you purchased property that was subject to a recorded Homeowner's Association Declaration of Restrictions and Covenants then you must pay the fees. The rules are in the declaration and you can review them at the local land records office.