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San Matera condo group settles with Kolter for $22.5 million (FL)

A trial that posed one of the biggest logistical challenges in Palm Beach County legal history was over before it began Thursday when a beleaguered Palm Beach Gardens community agreed to accept $22.5 million to drop its claims against Kolter

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Can HOA charge owners extra for gate-control access?

Q: I live in a gated community in which all homes have a two-car garage. Owners were granted gate-opener bar codes for two vehicles per household. Recently, the board replaced the gate-control system and issued only one new bar code

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Woman Living Without A/C Frustrated at Condo Association (FL)

The attorney for the condo board association says they’ve tried to fix the problem but haven’t been able to. According to the attorney, the A/C units rely on an old well-water system to run. They say the water has mud

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Can condo board change common areas without a majority vote of unit owners?

Q: Our bylaws were amended to allow the board to approve material alterations to the common areas that cost $10,000 or less by a majority vote of the board. The amendment was properly adopted by the unit owners. Is this

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Six years on, Kolter Signature Homes lawsuit goes to trial

After six years of legal maneuvering one of the longest-running cases over faulty construction in Florida is finally going to trial.   Jury selection starts Tuesday in a case pitting the San Matera Condominium Association against Kolter Signature Homes, and other

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Too many lawyers spur road trip for Gardens building flaw trial (FL)

When the more than 1,000 residents of a sprawling Palm Beach Gardens condominium community sued home-building giant Kolter Homes for a whopping $36 million, there was no doubt it would be a big case.  So how big is it?  It’s

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About your condo, HOA rules

Q. My neighbor is being pursued by our board for a seemingly benign or conjured violation which could result in a fine being levied. Our condominium documents have a boiler plate catch- all nuisance provision. Can an open ended nuisance

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Epic Residences condo association sues developer, architect and subcontractors over incompatible fire safety system (FL)

Another prominent developer is facing allegations of installing a faulty fire sprinkler system in a South Florida luxury condo tower. This time, litigation surrounds Ugo Colombo’s CMC Group’s Epic Residences in downtown Miami.  In a lawsuit filed in Miami-Dade Circuit

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7-year rule does not apply to all condo records

Q: I recently contacted my condominium association asking to review records since I have serious questions about how things are being done. I asked to see all election documents and was told the management company only had last year’s results.

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Can LLC owner be on the board and approve its tenants?

Q: There is a limited liability company that has recently acquired title to a number of units in our condominium. All of the units are leased. We want to know who owns the units and is it possible the owner

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Receiver appointed to sort out fight over embattled condo complex

Residents at Green Terrace Condominiums — embroiled in an 18-month legal battle that has featured hallway shoutfests and water shutoffs — won a major victory this week when the fourth judge to preside over the case decided a receiver should

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Privacy Rights Should Be Guarded

Question: Our declaration of condominium documents give the board the right to approve sales and leases. We have no one on our board that has experience in reviewing application information. A former board member, who is also an attorney, helps

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Budget Tips: Labor Costs in South Florida are Increasing – 3 ways this might impact your budget.

In case of you have not noticed, construction has been booming in South Florida for a while. Contractors are faced with labor shortages and their responses include: increased pay and job training programs. This article published in the Fort Lauderdale

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Service Contracts Should Always be Reviewed by Association Attorney

Question: My condominium association entered into a landscaping contract a few months ago. The contract calls for the landscaping contractor to cut the grass, trim the trees, replace dead vegetation, and (overall) keep the property looking good. In just a

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Cities, associations can protect residents from Zika (FL)

Government officials, homeowners and condominium association boards, and golf course maintenance professionals must look at a variety of sophisticated initiatives. Some involve altering our natural habits in efforts to prevent our residents from suffering severe illnesses that result from mosquito

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Miami-Dade launches first blow in fight against condominium fraud

Miami-Dade police launched their first blow in the fight to end local condominium fraud with the arrest Tuesday of a former accounting assistant accused of stealing thousands of dollars from the condo community.  Leslie Navarro, accused of stealing $148,000 from

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Logic goes out window when association trashes flowers (FL)

Steve Glaser HAD the nicest yard in his neighborhood.  His Realtor even said so.  “You had the nicest landscaped property in Bradford Place with amazing curb appeal,” Jill Arsenault wrote Glaser. “How did you go from the nicest home in

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Florida HOAs Should Regularly Review Architectural Review Board Guidelines

Question: I live in a homeowners association and serve as chairman of the architectural review board (ARB). An owner recently submitted an application to repaint the exterior of his home a bright yellow color. The home is currently painted light

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Must the association approve the home’s exterior color?

Q: I live in a homeowners association and serve as chairman of the architectural review board (ARB). An owner recently submitted an application to repaint the exterior of his home a bright yellow color. The home is currently painted light

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4 detained after reports of rifle-wielding gunmen atop South Beach condo (FL)

According to Miami Beach Police, a 911 caller reported he saw the armed subjects on top of the Del Rio Condominiums at 11th Street and Collins Avenue, at around 2 p.m. The caller said he saw the two men holding

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Association Has Several Options to Enforce HOA Documents

Question: The governing documents for our homeowners’ association contain a number of restrictions and rules. However, they do not contain any instructions on what happens if an owner fails to comply with the documents. If an owner is not obeying

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How can I find the official governing documents?

Q: I am on the board of my homeowners association. I was given a set of the governing documents but am unsure if they are current or complete. How can I find the official governing documents?   Read the Q&A…………..

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Broward fraud investigator charged in car-keying incident (FL)

The top fraud sleuth at the property appraiser’s office is accused of etching two deep scratches into the 2003 Ford Focus driven by Weston homeowners association president Jacqueline Puglisi, 73. Surveillance video showed Cacciatore standing between his car and hers,

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Only three exceptions to keep board meetings out of sunshine

Q: Our community has a sizable landscaping maintenance contract.  It is a controversial topic and the board wants to avoid a long and controversial board meeting to discuss this.  Can the board meet in an executive session for this purpose?

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How can we stop a board member from disclosing confidential information?

Q: I am on the board of directors in my community and we are currently involved in litigation. One of the directors disagrees with the board’s strategy and is telling everyone in the community our strategy and strengths and weaknesses

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Miami Condo Manager Claims Retaliatory Firing (FL)

August claims the board had not maintained the legally required reserves for a condo, and proceeds from a $750,000 special assessment were used for unintended purposes, according to the complaint.  The condo board didn’t notify new buyers and tenants that

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Marquis Miami condo owners accuse developers of poor construction

The New York-based developers of downtown Miami’s Marquis Miami residences are being accused of building a poorly constructed tower in a new lawsuit.  And now, the Marquis Miami Condominium Association wants a partnership between Shaya Boymelgreen and Lev Leviev, as

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Combat vet fighting protracted battle with HOA over covenants (FL)

While he may not have wanted to go to war with the HOA then, Jernigan’s current situation could easily be described as a protracted battle. Following the conflict over the lighting, he said he was later threatened with fines over

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Bully in housing development harassing unit owners

Question: A bully lives in our 55-plus HOA. He is a former police officer who confines his intimidations to our common grounds, including the clubhouse and pool area. In the past, our grievance committee has twice suspended his use privileges

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Lessons from HOA lawsuit over Florida-friendly grass

The long-fought lawsuit between a homeowner near Windermere and her HOA makes me realize three fundamental truths at the exact same time, to borrow a phrase from the Hamilton soundtrack.    No. 1: This state’s Florida-friendly law is neither very

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Shores of Long Bayou wins Golden Mangrove Award (FL)

Once again the Wetlands Committee volunteers at the Shores of Long Bayou Homeowners Association has been lauded for their work maintaining and restoring the bodies of water on its property – 10 stormwater ponds and two manmade lakes.  Last month,

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Pokémon Go Class Action Says ‘Pokestop’ Disturbs Condo Residents (FL)

The Pokémon Company, Nintendo Co. Ltd. and app maker Niantic Inc. are facing a class action lawsuit filed by a condominium association that claims its unwanted “Pokestop” designation has created a major disruption to its residents.  The Villas of Positano

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Carlyle Hotel condo association owes general contractor $1.2M, lawsuit alleges (FL)

A straightforward job to replace the windows and doors of an Art Deco hotel on Ocean Drive turned into a major project to fix structural damage to the building. And now the company that fixed the Carlyle at 1250 Ocean

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Law does not limit association budget increases

Q: My condominium association board was recently discussing the proposed 2017 budget. It is apparent that the board is intending to increase our assessments significantly. However, I understood that the Association is limited in the amount that it can increase

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Condo board president has to follow same rules as everyone else

Q: Our condominium documents provide that motorcycles are not permitted in the condominium. Our board president routinely brings his motorcycle into the property in violation of those rules. It is not a loud motorcycle, but isn’t there a rule that

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Manasota Key homes condemned due to beach erosion (FL)

Two condos and a house on Manasota Key in Charlotte County have been condemned following Hurricane Hermine.  Massive waves caused more beach erosion in an area that was already impacted by Tropical Storm Colin back in June.  Read the article…………

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Settled lawsuit over grass leaves few answers (FL)

A legal battle between an Orange County homeowner wanting to eliminate irrigation and fertilizing in her yard and a neighborhood association favoring lush lawns has ended in a secret settlement, disappointing those hoping for an environmentally favorable precedent.  Read the

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“Action Without Meeting” Generally Permissible For Associations

Question: Our condominium association intends to conduct a membership vote on a matter without holding a meeting. Many members are interested in voting by e-mail, but do not have equipment to scan a signature. Is there any way around this?

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BrickellHouse’s condo association runs into another snag in robotic garage predicament (FL)

The parking woes at Harvey Hernandez’s BrickellHouse project are about to get worse, according to an attorney representing the building’s unit owners.  “The condo association has been left with this mess,” lawyer Helio de la Torre told The Real Deal.

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Buyers are legally owed FAQ documents when getting a condo

Question: Many years ago, when we did not employ a management company for our 90-unit association, my husband and I were active on the board of directors. Therefore, committees did the work, and our interview committee was required to include

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Boynton condo owners latest to fight CrossFit noises, room shaking (FL)

Casa Costa, formerly known as Promenade, on Federal Highway in Boynton Beach is a retail development with views of the ocean and Intracoastal Waterway, and businesses on the bottom floor, including CrossFit Chrome. Workouts feature aspects of weight lifting, gymnastics,

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Term Limits Contained in Condominium Bylaws are Likely Enforceable

Question: I have been serving on my condominium association board for four years. We have one year terms. An owner is now challenging my right to be on the board. Our bylaws state that no owner may serve more than

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HUD Reaches Agreement With Florida Condo Association in Disability Discrimination Case

The U.S. Department of Housing and Urban Development (HUD) announced today an agreement with Delvista Towers Condominium Association, Inc., of Aventura, Florida, and its property management company, resolving allegations of housing discrimination against residents with disabilities. HUD claimed the condo

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Disabled combat veteran, family forced from home (FL)

Court documents show the original homeowner stopped paying her mortgage and her HOA dues back in 2012. In Florida, an HOA can legally foreclose on your home in the hopes of getting its money before the bank forecloses on the

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Short-term rental operator sues Mondrian South Beach condo association (FL)

A short-term rental operator has filed suit against the condo association at the Mondrian South Beach after it was allegedly blocked from renting out units on behalf of owners. Miami World Rental LLC and Mondrian 1026 LLC filed the lawsuit

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Can an open-ended ‘nuisance’ provision turn into a violation?

Q: My neighbor is being pursued by our board for a seemingly benign or conjured violation which could result in a fine being levied. Our condominium documents have a “boiler plate”, catch all nuisance provision. Can an open-ended “nuisance” provision

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Did my association legally adjourn a membership meeting to a later date?

Q: My condominium association was set to have a big vote on some controversial amendments to the governing documents a few weeks ago. The proposed amendments include leasing changes that are onerous to investors and changes to the pet rules

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Condo Q&A: Owners may have right to inspect emails (FL)

Q: Our new board has established an e-mail address to which only the board has a password. Residents can contact the board via that address with a question or comment, but only the board members can see it by using

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Key West business leaders cited a third time for illegal vacation rental

As reasonable rents continue to disappear in Key West, two leading business owners who often advocate for affordable housing keep getting cited by the city for advertising illegal vacation rentals.  For the third time in 15 months, Chris Belland and

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Holdout homeowners fight Tampa HOA (FL)

Imagine paying Homeowners’ Association dues for years, along with fines, only to find out your property isn’t legally a part of the HOA. That’s what more than 3 dozen waterfront homeowners in the Bay Port Colony subdivision of Town N’

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