See the full article here: HOAs ruin Florida law on bank safe harbor after mortgage foreclosure – Catalina West v. Fannie Mae. http://fraudlawyersflorida.com/2016/03/31/hoas-ruin-florida-law-on-bank-safe-harbor-after-mortgage-foreclosure-catalina-west-v-fannie-mae/
As stated in the article, “two Miami HOAs took a bolder approach, sending the interpretation of the safe harbor rules to the Third District Court of Appeal. The HOAs argued that because Fla. Stat. s. 720.3085 required the HOAs to apply all payments to extraneous fees before assessments, the HOA accounts could never be brought current under the banks’ interpretation of “safe harbor” payment limits.”
If you have questions about real estate litigation, condominium and HOA debt, or the interpretation of appellate decisions, please contact Bernhard Law Firm at www.bernhardlawfirm.com, abernhard@ , or 786-871-3349.