Rare Safe Harbor Victory for Homeowner Associations

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Meaning of Florida "Safe Harbor" for HOA. House in HOA was foreclosed and FNMA purchased it at auction; estoppel prepared, now FNMA wants to know if the HOA will agree to follow "FL Safe Harbor". If.

By Aaron L. Gordon, Esq. Corporate General Counsel LM Funding. For the second year in a row, Florida’s homeowners dodged a financial bullet. The failure of House Bill 1339 to pass the legislature this year was an important victory for struggling homeowners who continue to face financial woes due to budget shortfalls resulting from delinquent assessments.

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This decision changes the balance of power between lenders and homeowner associations and will have an impact on mortgage foreclosures moving forward. In 2008, the Homeowners Association Act was amended to provide lenders safe harbor from assessment liability.