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I just got notice of foreclosure, do I loose my voting rights with the condominium association?

North Miami Beach, FL |

I just got notice of foreclosure, do I loose my voting rights with the condominium association immediately? The foreclosure notice was just delivered and I am current with my condominium association fees. Depending if I can work out my foreclosure or not, does this give them a reason to omit me from notices, meetings, voting etc? It is a small condo association everyone is a board member.

My intentions are to modify, one of the reasons why I fell so far behind is that Wells Fargo kept postponing the mediation date 4 times from very early into the process. After each time, I had to start over again by updating my documents all over again. When I was 4 days late after the fourth cancellation on the banks part, the mediation company said they need to turn it over to the Bank because I pasted their deadline. (Also they don't take any new clients for Wells..) Meanwhile during this mishap, the bank sent me a 5th postponement even though I missed that window! :-$

Attorney Answers 5


  1. I would say no As you are still the homeowner but answer will rely on condo rules and regulations
    Lawfully it would not make sense to strip you of rights as you may have defenses in the lawsuit
    What are your intentions with the property
    Do you want to modify or short sale
    I urge you to call an attorney as myself that dedicate their practice to this to find you the best solution. Good luck


  2. So long as you stay current with your COA fees the foreclosure should not have an affect on your voting rights. However, as stated above, it would behove you review your associations covenants/bylaws. If you don't already have a copy you should be able to find them on your county's public records website.
    You should also consult with a foreclosure defense attorney within 20 days of having been served. Filing your own response before speaking with an attorney may waive critical defenses to the foreclosure.

    This communication is not intended to, and does not, create an attorney/client relationship. You are encouraged to consult with an attorney in your area to discuss your case in person. Roberto M. Vazquez, Esq. and the Morey Law Firm, P.A. practice law throughout the state of Florida. Please visit our website at www.moreylawfirm.com.


  3. It sounds like the condo association is in the wrong (shocker!).

    Florida Statutes Section 718.303(5) states, "[a]n association may suspend the voting rights of a unit or member due to nonpayment of any monetary obligation due to the association which is more than 90 days delinquent."

    Even if the bylaws suggest something different, it would run afoul of Florida law.


  4. They can only suspend your right to vote if you are past due on your assessments and the board has to hold a meeting and vote to suspend your rights.

    (5) An association may suspend the voting rights of a unit or member due to nonpayment of any monetary obligation due to the association which is more than 90 days delinquent. A voting interest or consent right allocated to a unit or member which has been suspended by the association may not be counted towards the total number of voting interests necessary to constitute a quorum, the number of voting interests required to conduct an election, or the number of voting interests required to approve an action under this chapter or pursuant to the declaration, articles of incorporation, or bylaws. The suspension ends upon full payment of all obligations currently due or overdue the association. The notice and hearing requirements under subsection (3) do not apply to a suspension imposed under this subsection.
    (6) All suspensions imposed pursuant to subsection (4) or subsection (5) must be approved at a properly noticed board meeting. Upon approval, the association must notify the unit owner and, if applicable, the unit’s occupant, licensee, or invitee by mail or hand delivery.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.


  5. Definitely not. You remain a unit owner so long as you are the owner of the property. Since Florida is a judicial foreclosure state, you remain the owner of the property until such time as judgment is awarded to the Plaintiff and a foreclosure sale is held, confirmed and a certificate of title is issued to the high bidder. Depending on all the details, this may never happen.

    However please do yourself a favor and hire a knowledgeable foreclosure defense attorney to assist you in a real defense as this is the best way to get the plaintiff's attention.
    No

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

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