Community law column

Legal Matters – S. Kyla Thomson

S. Kyla Thomson is a partner at the law firm of Goede, Adamczyk, DeBoest & Cross.

Attorneys at Goede, Adamczyk, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables and Delray Beach, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.

Q: I have heard that there have been recent changes in the law that requires a condominium association to send a special late notice to owners who are delinquent in payment of their assessments.  Can you provide more information regarding the recent changes? J.C., Bonita Springs

A: There was an amendment to the Condominium Act, which took effect on July 1, 2021.  Prior to July 1, 2021, each condominium association, depending on the requirements of its Declaration of Condominium or Bylaws, would send a delinquent owner a late notice letter with a specific number of days to remedy the delinquency or be subject to additional action, including legal action.  The issue here is that there was no consistency to these late notices.  Most condominium association documents did not require these late notices and if a condominium association chose to send the late notices, it was usually in the board’s discretion to determine the number of days to provide the owner to remedy the delinquency.

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