The most common lawsuit by an association is to collect unpaid assessments. However, a key requirement of any lawsuit is the notice of the lawsuit given by the plaintiff to the defendant. This process of giving notice is generally referred to as Service of Process. Typically, the Plaintiff must have an authorized officer of the court personally deliver the complaint to the Defendant to complete Service of Process. Understandably, there are those cases where the defendant will hide from the plaintiff, the defendant cannot be found, or is not a resident of the state. The law accommodates these situations, but in most cases, at an increased cost to the plaintiff to complete Service of Process. However, in certain lawsuits involving land, homes, or other real property, the requirement of personally serving the defendant is relaxed to allow Service of Process via the mail. The idea behind the relaxation is that the law presumes that people are particularly watchful over any matters affecting their property.

As  many   of us   know, Florida is a popular tourist destination, likewise many owners of homes, condominiums and cooperatives in Florida are not necessarily year-round residents of Florida. The general rule is that Process is served on these owners when they are outside of