A new wrinkle has come into play in the ongoing struggle between foreclosing lenders seeking to diminish their liability for prior owners’ association assessments and community associations hoping to recoup as much as possible.

Lenders have become a great deal smarter and more diligent in their efforts to review and exhaust every means at their disposal, and nowhere is that more apparent than in a couple of recent decisions by the appellate divisions of Broward and Palm Beach circuit courts.

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