Community Association Collections…Another Blunder From The Bench

Early in August 2014 the Second District Court of Appeal of Florida (the “Appellate Court”) issued an important decision that may impact your community association’s practices as it relates to the acceptance of a unit owner payment accompanied by a restrictive endorsement. In summary, in St. Croix Lane Trust & M.L. Shapiro, Trustee v. St. Croix at Pelican Marsh Condominium Association, Inc., the Appellate Court held that if a check is tendered for less than the total amount of a disputed debt along with written communication that acceptance is considered an accord and satisfaction of the disputed amount, then acceptance creates an accord and satisfaction of the debt by operation of Section 673.3111 of the Florida Statutes.    Read more……..

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