Once again, the Florida appellate courts have left community associations out in the cold. Homeowners’ associations cannot rely on their remedies under Florida statutes in bank foreclosure cases if the statutes are in conflict with the governing documents, so said the Fourth District Court of Appeal in Pudlit 2 Joint Venture, LLP v. Westwood Gardens HOA, Inc., Case No. 4D14-1385 (Fla. 4th DCA May 27, 2015). This is latest in a long-line of troubling decisions by the Florida appellate courts, which seem to ignore both prior case law and reality in arriving at their decisions. Read the article………
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