Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure

In March we published an article discussing the ruling in Jallali v. Knightsbridge Village Homeowners Association, Inc., 2016 WL 320601 (Fla. 4th DCA Jan. 27, 2016) wherein Florida’s Fourth District Court of Appeal held the filing of the notice of lis pendens by the first mortgage holder constitutes a bar to a community association’s foreclosure action based upon a claim of lien filed after the notice of lis pendens. Upon rehearing of the arguments, the Fourth District Court of Appeal has set aside its previous ruling.       Read the article………..


Related Articles

Focus: Lawyers optimistic about condo changes (ON)

Significant legislative changes in the works may help resolve disputes between condominium boards and unit owners more smoothly, lawyers say.

Duty to Defend Claims Related to Hurricane Damage Despite Property Damage Exclusion (HI)

The District Court determined there was a duty to defend directors under a Not for Profit Organizations insurance policy in

Courts curb power of HOAs to amend Declarations (NC)

I’ve written before about amending the Declarations for a homeowner association. A new case handed down this month by the