I have written several articles in this blog about the challenges that community associations are facing with unit owners who file for personal bankruptcy and utilize what is known as the “lien stripping” provisions of the bankruptcy code to avoid pre-bankruptcy maintenance assessment arrears due to their associations. Read more……..
Banks Cannot Wait To Try And Vacate Adverse Foreclosure Rulings, 4th DCA Says
The appellate court in West Palm Beach gave notice to mortgage banks Wednesday that they can’t wait at their convenience to try to vacate adverse judgments. The Fourth District Court of Appeal certified a conflict with the First and Third districts and told the Florida Supreme Court the issue was of “statewide importance.” Read […]
Lender Liability for Assessments in Florida
Foreclosing lenders in Florida frequently take title to properties that are subject to homeowners’ and condominium association assessments. Just as frequently, the newly-titled lender is presented with a bill from the association for past-due assessments that accrued during or preceding the foreclosure action. These demands are based on widely misunderstood Florida statutes governing liability for […]
Firm Obtains Court Order Discharging Mortgage from Penthouse Unit Owned by Association (FL)
During the foreclosure crisis, lenders elected to file foreclosure actions but often failed to conclude their cases, resulting in the dismissal of many foreclosure actions throughout the state. Community associations were then left to decide whether to pursue their own foreclosure remedy or continue to wait for the lender to foreclose. In these situations Read […]
Who Picks Up the Tab for Delinquent Condo Owner Assessments?
While we are all starting to enjoy what is looking like a resurgence in condominium development and sales in South Florida, the courts are just getting to addressing issues that arose during the heart of the burst bubble, when unit owners were upside down, not paying their condominium associations’ assessments and not paying their mortgages. […]
Associations — There is a Better Way!
It’s no secret I have been an advocate for homeowners embroiled in disputes with their associations. I originally went to law school to practice employment law. I changed directions when I bought my home in a HOA and my welcome to the neighborhood consisted of a volley of “f-bombs” from someone claiming to be the […]
Community Association Managers (CAMs)
Fla. Stat. 468.431 requires a CAM to be licensed when “the association served contains more than 10 units or have an annual budget or budgets in excess of $100,000.” The management firm is required to have a license as well. CAMs are limited in what duties they can perform by statute as well as an […]
“Shame List” of Delinquent Owners – To Publish or Not to Publish?
Board members often ask if they can expose these delinquent owners by publishing their names in a newsletter or by adding such information to the minutes of a board meeting. Although such “shame lists” can sometimes motivate owners to bring their accounts current, the risks far outweigh the rewards. Read more…….
Fining Procedures and Fla. Stat. 720.305(2) and (2)(b)
This week I corresponded quite a bit with a homeowner who was experiencing problems with the way his HOA was imposing fines and it’s amazing how many holes you can find in a statute that seems pretty clear cut. Read more…….
Florida Supreme Court Rejects Restriction on Availability of Condominium Association Receiverships
The Florida Supreme Court recently considered in Granada Lakes Villas Condominium Ass’n, Inc. v. Metro-Dade Investments Co., 38 Fla. L. Weekly S777 (Fla. 2013), the question of what circumstances permit a Florida court to appoint a receiver for a condominium association Read more……..
Assessments Current But The Association Insists Assessments Are Past Due – Who Is Right?
What do you do when the association claims you are past due with your assessments and your records indicate you are current? Answer: Address this immediately because the association can lien and foreclose on your property! Read more…….
New Years’ Resolution – Peaceful Living in Community Associations
For years I have represented homeowners in disputes with their associations, whether it is a homeowners’ association, condo association, or mobile home park. These battles are not easy, emotionally, and are very expensive, with costs of more than $100,000 if the matter goes to trial. Even if the client wins, the end result is misery. […]
Rental Restrictions
A popular topic among association dwellers is the right of an association to restrict rental of property. This is one of the areas where it is important to distinguish between a COA (condo association) and a HOA (single family homes). Each association is governed by different laws. Fla. Stat. Chapter 718 governs COAs and Fla. […]
Mandatory versus Voluntary – Are You Ruled by a HOA?
Many times I receive questions from people asking if they have a mandatory homeowners association. What makes an association mandatory? There are several factors to consider and a complete review of the governing documents of the association are required to provide a definitive answer. There is no one size fits all answer to this question. […]
Property Managers Behaving Badly
Quite often I receive complaints from homeowners about the behavior of the property manager, or community association manager (CAM) who manages the community. These complaints can range from sloppy bookkeeping resulting in liens when there are no past due assessments to personal vendettas against a homeowner that lead to false police reports against the owner. […]
Homeowner Alterations
Some individuals argue that maintaining the uniform appearance of the homes or units in many condominium or homeowner associations is a valuable aspect of owning a home governed by community associations. However, often times, the owners of homes or units governed by community associations seek to deviate from such uniformity and endeavor to implement alterations […]
Nobody Wants To Be On Board of a Condominium Association
I am often asked what happens when no one wants to serve on the board of directors of a condominium association. Unfortunately, this is not unusual, especially in smaller communities. We see many associations have member apathy in voting in elections as well as a lack of interest in running for the board. As such, […]
Perspectives from a property manager regarding developer turnover
As a property manager one of the biggest challenges in maintaining a community after developer turnover is identifying sources for materials and supplies provided, such as mailboxes, light fixtures, decorative tiles and other architectural features on or in a commercial building, home or condominium, or common area. Read more…..
Monkey Business – May Be Allowed in Your Community!
Can your declarations stop your neighbor from operating a cleaning service from their home? With today’s technology, it has become much easier to run a business from one’s home. That, combined with the current economic climate, has resulted in more home-based businesses than ever before—and the number is only expected to increase. For a condominium […]
From Good to Great: Principles for Community Association Success
Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. Good associations preserve the character of their communities, protect property values and meet the established expectations of homeowners. Great associations also cultivate a true sense of community, promote active homeowner involvement and create a culture of […]
You vs. the HOA
Typical HOA disputes in the State of Florida fall into two categories: 1) Unpaid assessments, often with a lien and/or foreclosure by the HOA 2) Covenant violation disputes, with or without fines, which can be a lien and/or foreclosure ***** Yes, the HOA can take your home for covenant violations if the unpaid fines exceed […]
HOA’s and Contingency Cases
A more apt title might be “Why Lawyers Don’t Take HOA Cases on Contingency.” I am frequently asked to take HOA and condo cases on a contingency, but these cases are not the types of cases lawyers can litigate on a contingency, meaning you only pay the lawyer if you win. Read more…….
A Homeowners Association Lien Does Not Survive a Real Property Tax Deed Sale
When the Florida Statutes concerning homeowners associations and condominium associations were amended a few years ago, there was a question of whether a homeowners association and condominium association’s lien for past due assessments was enforceable after a real property tax deed sale occurred. This question has now been answered in Cricket Properties, LLC v. Nassau […]
HOAs: To Reserve or Not to Reserve? (FL)
Many homeowner associations’ boards of directors find themselves working on their association budgets for the upcoming fiscal year. A good deal of those budgets will include line items for the funding of unforeseen contingencies. In some instances, the directors preparing such budgets will classify the funds in those line items as “Reserve” funds without knowing […]
Florida courts’ application of the “new” economic loss rule since Tiara Condominium Ass’n, Inc. v. Marsh & McLennan, Cos., Inc.
The Florida Supreme Court’s March 7, 2013 decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan, Cos., Inc., 110 So. 3d 399 (Fla. 2013), limited application of the economic loss rule [a judicially created doctrine that sets forth the circumstances under which a tort claim is prohibited if the only damages suffered are economic losses] to […]
Issue Created By Language Used In Deed Restrictions (FL)
The Heleskis began building a structure on their property without notifying or getting approval from the HOA. The structure is 24 feet by 24 feet and is separate from the Heleskis’ main house. The Heleskis’ neighbors complained to the HOA that the structure was in violation of the neighborhood’s deed restrictions. Read more…….
Second District Reversed Order Denying Motion To Compel Arbitration (FL)
Pulte Home Corp. sought review of an order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners’ Association (“HOA”) for alleged building code violations under Florida Statute §553.84. The Second District reversed the order under review on the authority of Pulte Home Corp. v. Vermillion Homeowners Ass’n, […]
Manicured ponds not always the best for environment
A familiar scenario plays out like clockwork in Brevard County ponds. Just as mama and baby ducks, wading birds and tiny fish start to frequent the sprouting native plants, out comes the herbicide. Read more….
Flying through a Fowl Situation
Birds are beautiful, graceful and melodic. They give a sense of being close to nature and add to the feel of our community. But too much of any one thing is never good. Whether it’s a trail of droppings, territorial aggression or destructive nesting and feeding patterns, birds can make life more expensive and a […]
Could academic principles transform private residential communities?
My husband and I just returned from dropping off our daughter for her freshman year of college at a very beautiful school with a rigorous undergraduate business program. While we were bracing ourselves for the flood of emotions associated with dropping off a child at a campus a great distance from our home, we also […]
A Rose by Any Other Name (Arbitration)
Most of the leading law school textbooks explain arbitration by describing a case where a party suffers a loss and there is a dispute between the insurance company and the insured. The insured typically places a high value on the subject of the loss, while the insurance company places a lower value. A third party […]
$12 Million Reasons Your Associations Need Liability Insurance
On January 16, 2011, Andrew Curtis, a nine-year-old boy, and his father were riding their bicycles on U.S. Highway 1 in the town of Jupiter, Florida. Andrew was following his father as the two approached the driveway of the Villas on the Green Condominiums. While Andrew’s father passed the driveway without incident, as Andrew began […]
Justice Department Reaches Settlement with HOA and Management Company in Fair Housing Lawsuit Involving Occupancy Limits
The Justice Department announced today that the Townhomes of Kings Lake HOA Inc. (HOA) and Vanguard Management Group Inc. have agreed to pay $150,000 to settle a lawsuit alleging violations of the Fair Housing Act (FHA). The lawsuit alleged that the HOA adopted and both defendants enforced occupancy limits that discriminated against families with children […]
Do New Laws Provide Unintended Consequences?
The recent session of the Florida legislature produced a series of new laws affecting community associations in Florida. However, often times the creation of new laws have unintended consequences that could not be foreseen. Read more….
Dealing with Difficult People
Being elected to the Board might have seemed like the hard part, but now that you are behind the wheel expect a lot of ungrateful backseat drivers. Congratulations on your election or appointment to the Board of Directors. Now that you are in charge, everyone will see the wisdom of your policy suggestions, pay their […]
Florida Supreme Court: Law protecting builder went too far
The Supreme Court says Gov. Rick Scott and the Legislature went too far when it tried to settle a legal dispute on behalf of a developer being sued by a homeowners association. The ruling Thursday said a bill Scott signed into law last year can’t be retroactively applied to the dispute between Lakeview Reserve Homeowners Association […]
Appellate Court Reverses Foreclosure Judgment for Lack of Proper Notice to Unit Owners by Association
A decision earlier this month by the Third District Court of Appeal serves as a good lesson to community associations and their attorneys about the importance of working closely with their process servers to ensure that all of the statutory requirements for service or “constructive service” on unit owners in foreclosure actions are met. Read […]
Florida Friendly Landscaping & Your HOA
In 2009 the Florida Legislature enacted revisions to Fla. Stat. 720.3075(4), which prohibits homeowner associations from enforcing deed restrictions as to prohibit the implementation of Florida Friendly Landscaping. This language is recited again in Fla. Stat. 373.185, which is the initiative for Florida Friendly Landscaping as a means to reduce water consumption and prevent further […]
Dealing with Unruly Homeowners at Board Meetings
What a touchy topic!! I have been on both sides of this issue — as the homeowner and as the attorney representing the association. Maybe I have too much leftover pixie dust, but I believe these situations can be resolved amicably. Read More……
American Idle: HOA Circus
After the annual homeowner association meeting in our little gated community of 19 homes in south Orlando, one neighbor declared it “our best meeting ever.” Read More……
Fear the Next Hurricane More Than Florida Supreme Court’s Ruling on Tiara
The Florida Supreme Court’s ruling on a beachfront condominium association’s lawsuit against its insurance agency generated the kind of initial reaction among insurers matched only when a weather announcer says that Florida is within the cone of probability. Read More……