Florida court to decide HOA's debt-collecting rights

03/12/2013 | Orlando Sentinel (Fla.)

A state court in Florida is expected to rule on whether an HOA can restrict guests' access and force a homeowner to ask permission to pass through the community gates if they have fallen behind in association fees. The case involves a resident of the Alaqua neighborhood who owes an estimated $100,000, including past-due fees, interest and legal fees. "Anyone who is a full-time member of the family can get access, but not guests," HOA attorney James Gustino says. "... When you enter into a purchase contract, subject to covenants, conditions and deed restrictions, you enter into a contract with everyone else in the community, and their fortunes are impacted based on whether you comply."

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Orlando Sentinel (Fla.)

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