When Does a Condo Owner’s Lien Liability End?

first_img in Daily Dose, Featured, Foreclosure, News Subscribe Home / Daily Dose / When Does a Condo Owner’s Lien Liability End? When Does a Condo Owner’s Lien Liability End? Related Articles Servicers Navigate the Post-Pandemic World 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Demand Propels Home Prices Upward 2 days ago About Author: Roy Diaz Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Share Save Data Provider Black Knight to Acquire Top of Mind 2 days ago  Print This Post The Best Markets For Residential Property Investors 2 days ago Roy A. Diaz is the Managing Shareholder of Diaz, Anselmo Lindberg, P.A. The firm provides representation in Florida, Illinois, Ohio, Indiana, Kentucky, Wisconsin and Michigan. Diaz has been a member of the Florida Bar since 1988. He has concentrated his practice in the areas of real estate, litigation, and bankruptcy. He has represented lenders, servicers of both conventional and GSE loans, private investors, and real estate developers throughout his career with an emphasis on the mortgage servicing industry for over 25 years. The Week Ahead: Nearing the Forbearance Exit 2 days ago The Best Markets For Residential Property Investors 2 days ago Sign up for DS News Daily Previous: The Booming Built-For-Rent Industry Next: The Ups and Downs of Home Prices August 6, 2019 1,506 Views 2019-08-06 Radhika Ojha Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Editor’s Note: This article originally appeared in the SHD Legal Group’s Florida Legal Update. It is reprinted with permission.The First DCA rendered an opinion this month wherein it certified conflict with the Third DCA over a condominium unit owner’s liability for association assessments and liens pursuant to § 718.116(1)(a), Fla. Stat., which pertains to a. Coastal Creek Condo. Ass’n, Inc. v. Fla Tr. Services LLC, 1D18-1457, 2019 WL 3114229, at *1 (Fla. 1st DCA July 16, 2019). In Coastal Creek, the mortgagors defaulted on their loan, the bank foreclosed and Homes HQ, LLC purchased the property at the foreclosure sale. Homes HQ transferred the property to FLA Trust Services LLC. Thereafter, Coastal Creek Condominium Association (“the Association”) recorded a lien against the property for unpaid “assessments and related expenses” and filed a lawsuit against FLA Trust and the tenants of the property seeking to foreclose its lien for delinquent assessments due since August 15, 2015.FLA Trust Services, LLC responded to the claims and filed a counterclaim. The counterclaim sought a declaration as to which party was responsible for assessments and expenses incurred from July 2007, a time period which included the original mortgagors’ ownership. Both FLA Trust and the Association moved for summary judgment. The disputed issue was whether § 718.116(1)(a) limited FLA Trust’s liability solely to “assessments that came due during Homes HQ’s ownership” or also assessments that came due during the original mortgagor’s ownership. The pertinent portion of §718.116 reads as follows:“A unit owner…is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title …”The trial court analyzed prior cases which interpreted § 718.116(1)(a) and surmised under those cases the court was required to find § 718.116(1)(a) limited FLA Trust’s joint and several liability to assessments that came due during the Homes HQ’s ownership and did not include assessments that came due during the original owners’ ownership. The Association appealed that ruling to the First DCA.On appeal, the First DCA discussed amendments to § 718.116(1)(a) which were made shortly after several Third DCA cases, imposed limitations to the present owner’s liability under its interpretation of the statute. The First DCA explained that reference to “the previous owner” in § 718.116(1)(a) did not pertain to the period of ownership during which the present owner is liable, as suggested by the Third DCA and FLA Trust; rather, the phrase identified the person with whom the present owner has joint and several liability. The Court explained the phrase “all unpaid assessments that came due up to the time of transfer of title” was key and supported an interpretation that the present owner’s liability for unpaid assessments was not limited to that of only the previous owner under § 718.116(1)(a).The First DCA concluded the amendments to the statute and its unambiguous language made it clear the legislature intended the present owner would be “…liable with the previous owner for unpaid assessments that came due during the ownership of both the previous owner (unless it was the association) and the original owner.” In so ruling, the First DCA reversed judgment for FLA Trust, entered judgment in favor of the Association and certified conflict with the Third DCA to the extent that Court held § 718.116(1)(a) limited a current owner’s liability “to unpaid assessments that came due during the ownership of the immediate prior owner, and not the original owner.”last_img read more

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Anderson .Paak Releases New Single “Bubblin” With Over-The-Top Music Video

first_imgEarlier this year, Anderson .Paak promised fans not one, but two albums in 2018: one solo record and one with his band The Free Nationals. New music from Anderson .Paak is highly anticipated within the hip-hop community following the enormous praise generated by his Grammy-nominated breakthrough album, Malibu, in 2016. So far this year he’s appeared on the Black Panther soundtrack, and his music was featured in a visually striking Spike Jonze-directed Apple commercial starring FKA Twigs. Today, .Paak released a brand new solo track, “Bubblin”, which was originally debuted on Zane Lowe’s Beats 1 radio program this morning.In this morning’s radio interview, .Paak expressed that “Bubblin” is just one of “65,000 songs in the vault.” The new song is influenced by Jahlil Beats and Antman Wonder, who .Paak described as a “whole lot of fun.” Describing it as “black-007-action-adventure-high-speed-chase type of music,” .Paak said that he also tried to get Lil Sims on the song before he decided to write it alone.Later in the interview, Anderson .Paak revealed that he’s been working alongside Dr. Dre on the forthcoming solo record, who he says has “been very instrumental to taking it to the next level.” Dr. Dre has apparently been involved in the entire creative process, from writing melodies to putting together video ideas. “That’s the whole point when you’re working with a really good producer,” .Paak emphasized, “you let them produce.”There has yet to be an official album announcement from Anderson .Paak on either album, though this single release is certainly a step in the right direction. Dig “Bubblin” by Anderson .Paak below:Anderson . Paak – “Bubblin”<span data-mce-type=”bookmark” style=”display: inline-block; width: 0px; overflow: hidden; line-height: 0;” class=”mce_SELRES_start”></span>Watch the official music video below, starring Anderson .Paak, an ATM machine, his adorable break-dancing son, and a bunch of strippers:Watch Apple’s commercial for HomePod, featuring Anderson .Paak’s “‘Till It’s Over”, available exclusively on Apple Music, below:[H/T CoS]last_img read more

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Nigeria plan Cote d’Ivoire, Tunisia friendlies

first_imgRelatedPosts Rohr lists Musa, Ekong, 23 others for Cote d’Ivoire, Tunisia friendlies Super Eagles soar on FIFA ranking FIFA ranking: Nigeria moves up by two spots, now world 29th Three-time African champions Nigeria have arranged friendly matches against Cote d’Ivoire and Tunisia in Austria next month, officials said Thursday.The President of the Nigeria Football Federation, Amaju Pinnick, revealed this development. Pinnick said the Super Eagles would face Cote d’Ivoire on October 9 and four days later take on Tunisia in another tie.Due to postponements caused by the coronavirus pandemic, Nigeria last played in November 2019, a 2021 Africa Cup of Nations qualifying match against Lesotho in Maseru, which they won 4-2.They are scheduled to also take on Sierra Leone in two qualifying matches for the 2021 Cup of Nations in November.The matches were to have been played in March, but were rescheduled due to the virus.Nigeria lead their qualifying group for the continental tournament, which will now be played in 2022 in Cameroon, with six points from two matches. Benin, Lesotho and Sierra Leone are the other teams in this group with the top two teams advancing to the tournament finals.Tags: Amaju PinnickCote d’IvoireFriendlyNigeria Football FederationSuper EaglesTunisialast_img read more

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Heisler: Lakers no longer even do no-brainers, like tanking and Jerry West

first_imgWith the third-worst at No. 28 where the Lakers finished, they just dropped to 46.9 percent.Worse, their No. 1 in 2019 pick is also at greater risk. If they keep this year’s lottery pick, they owe Orlando only a pair of second-rounders (2017 and 2018) to complete the Dwight Howard trade.If they lose this year’s lottery pick, the Magic get their unprotected No. 1 in 2019.Teams with less motivation tanked for all they were worth. The Suns, who will keep their lottery pick whether it’s in the top three or not, shut down Eric Bledsoe on March 15, played their kids who are even younger than the young Lakers—if just as promising or more so–saw Devin Booker go for 70 points in Boston and still lost that game and 14 of their last 16.Luke Walton looked like he was trying, as when he benched a healthy D’Angelo Russell after he scored 28 against Memphis for the next game against the Spurs, but couldn’t keep the Lakers from going on that winning streak with an 8.9 percent better chance of keeping two No. 1s — both potentially in the lottery — at stake.The fans got it if the Lakers didn’t. After the Lakers beat the Spurs, Thomas Robinson told our Mark Medina that fans got on him on Twitter for damaging their chances in the lottery.If Magic has zero experience with tanking, they have been prone to this kind of managerial passivity right along.I hated seeing GM Mitch Kupchak take the rap for working closely with Jim Buss when he had no choice in the matter. Nevertheless, four-square as Mitch was, gaming the system wasn’t something he did naturally, as in the 2013-14 season when the Lakers, 18-25 at the All-Star break, played it straight the rest of the way with Mike D’Antoni coaching for his job, coming in sixth-worst at 27-55 when a bottom-three finish might have gotten them Andrew Wiggins, Jabari Parker or Joel Embiid instead of Julius Randle.If Magic lacks Mitch’s experience, he’s a decisive guy who’s not above gaming the system or turning it into a cocked hat if it gives the Lakers an edge.This wasn’t merely about an edge. With a thin-enough chance at 55.8 percent, this was all-important. All Lakerdom will feel their agony if their 46.9 percent chance doesn’t come in at the May 16 lottery.These days the Lakers don’t even do no-brainers, like inviting Jerry West back in a consultant’s role like the one he has with the Warriors. A Lakers insider told me it’s not happening … even though the Lakers are aware West would love to be asked back.The reason cited isn’t much different than what Jim Buss felt: They don’t think they need West.A) They’re wrong, and B) even if they’re right, they could only gain by having West in the conversation.It remains to be seen just what the Lakers will do. In any case, between now and May 16, they had all better start praying.Mark Heisler has written an NBA column since 1991 and was honored with the Naismith Hall of Fame’s Curt Gowdy Award in 2006. His column is published Sundays in Southern California News Group print editions. For years I welcomed the end of the regular season with a prayer:Thank heavens that’s over!Of course, that was before the Lakers were through at this point, now in their fourth straight year out of the playoffs, and counting.There’s a new NBA narrative locally in which the regular season is discounted for both teams. As everyone knows, the Clippers’ season means nothing and the playoffs everything — which is actually true for all teams but a special curse for them, obliged as they are to compete on turf the Lakers have taken possession of in perpetuity. AD Quality Auto 360p 720p 1080p Top articles1/5READ MOREUCLA alum Kenny Clark signs four-year contract extension with PackersLaker seasons now mean nothing, either. It’s all about the lottery … assuming they keep their pick … which is now — oops! — less than a 50 percent shot.Losing the pick would mean having gained next to nothing (they have the Rockets’ No. 1 at No. 28) after another grisly year of developing the young players who are so precious to them, even if none is yet a star.The question for Lakers fans is no longer whether Lonzo Ball will be Magic Johnson’s Magic … but if Magic is magical enough to beat their diminished odds in the lottery.The real question is how the Lakers blew it down the stretch with Phoenix two games ahead of them in the standings, zooming past the Suns with an inopportune five-game winning streak in April.With the second-worst record at No. 29, the Lakers would have had a 55.8 percent chance of drawing a top-three pick, which they wouldn’t have to convey to Philadelphia.center_img Newsroom GuidelinesNews TipsContact UsReport an Errorlast_img read more

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a month agoChelsea No1 Kepa: I don’t bother with nerves

first_imgChelsea No1 Kepa: I don’t bother with nervesby Paul Vegasa month agoSend to a friendShare the loveChelsea No1 Kepa Arrizabalaga admits nerves do not affect him.Kepa says he rarely feels pressure ahead of a match, whatever the stage and whoever the opponents, instead focusing on his love of the game in the moments building up to kick-off.”I’m not really a person that is prone to anxiety, or feeling nervous,” he told chelseafc.com. “I generally don’t feel that way before a game. What I always think is, at the end of the day, it’s football – that’s what it is – and football is what we do, it’s what we like, and it’s what we enjoy.”Of course, when there are really important games there is a bit more tension, a bit more adrenaline, but I wouldn’t call it nervousness.” About the authorPaul VegasShare the loveHave your saylast_img read more

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Canadas relationship with Indigenous peoples deteriorated over past decade UN report

first_imgAPTN National News OTTAWA–Canada’s relationship with Indigenous peoples has deteriorated over the past decade, a report by the UN rapporteur responsible for investigating the human rights situation of Indigenous peoples.James Anaya, the UN rapporteur on the rights of Indigenous peoples, found that “human rights problems faced by Indigenous peoples in Canada have reached crisis proportions.”The report  also found that the relationship between Canada and Indigenous peoples was getting worse.“The relationship between the federal government and Indigenous peoples is strained, perhaps even more so than when the previous special rapporteur visited Canada in 2003,” said the report. “Despite certain positive developments that have occurred since then and the shared goal of improving conditions for Indigenous peoples.”Anaya visited Canada in the fall of 2013, touring communities in Quebec, Ontario, Manitoba, Saskatchewan, Alberta and British Columbia. He also met with federal officials, including Aboriginal Affairs Minister Bernard Valcourt and the RCMP.According to his report, Canada talks the talk of reconciliation, but it doesn’t walk the walk.“The government of Canada has stated a goal of reconciliation, which the special rapporteur heard repeated by numerous government representatives with whom he met,” said the report. “Yet, even in this context, in recent years, Indigenous leaders have expressed concern that progress toward this goal has been undermined by actions of the government that limit or ignore the input of Indigenous governments and representatives.”Anaya found that the economic conditions of Indigenous peoples has remained unchanged over the past decade.“The most jarring manifestation of these human rights problems is the distressing socio-economic conditions of Indigenous peoples in a highly developed country,” wrote Anaya. “Although in 2004, the previous special rapporteur recommended that Canada intensify its measures to close the human development indicator gaps between Indigenous and non-Indigenous Canadians in health care, housing, education, welfare and social services, there has been no change in the gap.”Aboriginal Affairs Minster Bernard Valcourt, however, viewed the report as validating Canada’s handling of Indigenous issues.“The report published by the special rapporteur today acknowledges that, while many challenges remain, many positive steps have been taken by the Government of Canada to improve the overall well-being and prosperity of Aboriginal people in Canada,” said Valcourt, in a statement. “Our numerous laws, policies and programs aimed at addressing Aboriginal peoples’ concerns allow for a positive collaboration with Canada’s Aboriginal and Northern communities as we work together on shared priorities and towards a renewed relationship built on reconciliation and trust.”Anaya’s report also calls on Canada not to push through natural resource projects unless there is “free, prior and informed consent.” The report lists several projects which face concerns from impact First Nations communities, including Enbridge’s Northern Gateway pipeline project, the Alberta tar sands and shale gas exploration near Elsipogtog First Nation.The report recommends that Ottawa extend the Truth and Reconciliations Commission’s mandate for as long as it needs to finish its work and provide compensation to all residential school survivors.“The government should ensure that the mandate of the Truth and Reconciliation Commission is extended for as long as may be necessary for it to complete its work,” said the report. “And should consider establishing means of reconciliation and redress for survivors of all types of residential schools.”Ottawa has refused to compensate former residential school survivors who went to day schools, were taught in sanitariums or were boarded out.In his report, Anaya criticized Ottawa’s treatment of the Mohawks of Akwesasne who are forced to go through customs checkpoints without ever leaving Canada. Akwesasne straddles the Canada-U.S. border.“The federal government should work with Indigenous peoples in international border areas, in particular the Mohawk nation of Akwesasne, to remove barriers to their free movement within their traditional territories,” said the report.The report also calls on Ottawa to call an inquiry into the high number of murdered and missing Indigenous [email protected] (PDF, Unknown)last_img read more

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