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Florida hoa declaration of covenants4/29/2024 Generally, restrictions in the Association’s governing documents are given a presumption of validity, and reasonable and unambiguous restrictions will likely be upheld by Florida courts. Restrictive covenant enforcement can lead to disagreements between the Association’s board members and owners with regard to what is and is not permitted under the governing documents and Florida law. Payment plans benefit both the association, by allowing it to recover needed funds immediately, and the unit owner, who may not have the wherewithal to bring their account current in one lump-sum payment. If your collection policy allows for payment plans with the unit owner, our office will prepare the plan in accordance with the terms prescribed by the Board of Directors. In strict accordance with the Fair Debt Collection Practices Act and Florida Statutes, our office will prepare intent to lien (demand) letters, file liens, and file foreclosure actions, if necessary. Once this collection policy has been determined, our office will diligently pursue the delinquent account while, at the same time, taking special care to ensure that the delinquent owner is treated with the compassion and respect that everyone deserves. It is recommended that your association implement a fair and even-handed collection policy by establishing criteria to determine when a unit or lot is referred to collections.
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