CREDITOR'S RIGHTS?
Associations better pay judgments against them!

An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc.

Published May 7, 2022

 

We often see associations getting involved in expensive lawsuits -- and definitely not all of them end in a favorable court ruling in favor of the association-- no matter what the association attorney told the board when the lawsuit started to develop. Remember: Attorneys are not always right, but they don't pay the legal bills once the lawsuit goes South. In reality, they even get paid as well -- successful or not.

But the worst thing a board can do after losing a lawsuit and a judgment being filed against the association is not paying the financial judgment.

A 99-unit condominium association in Miami, Brookview Association, Inc., didn't pay after a $72,805 money judgment was entered against the association.

Well, that didn't sit well with the court. A receiver was appointed and a lot of legal wrangling started - creating even much higher cost for the association until the receiver was finally removed and the owner-elected board took over again.

The lesson to be learned: If you lose a lawsuit and a financial judgment is entered against you -- YOU BETTER PAY!


Please read the legal analysis of this case at:


VERONICA ROSS-WILLIAMS, etc., et al., Appellants, v. LINDA LEALI, Receiver, Appellee. (3rd DCA)


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