Legislators are often criticized for failing to predict the manner by which market permutations might nullify a law’s intent. Such is now the case with an important aspect of the laws governing condominium and homeowner associations in Florida, and a significant legislative update is required in light of the recent Third District Court of Appeal […]
Third DCA Opinion Deals Significant Blow to Condo Associations That Foreclose on Units in Advance of Banks
For the past several years we have written many articles in this blog encouraging condominium associations to aggressively move their foreclosure cases forward in order to take ownership of those units whose owners are delinquent in advance of the banks’ foreclosures. RealtyTrac’s data shows that it takes an average of 2.5 years for bank foreclosures […]
Emotional Support Animals in Community Associations
Condominium and Homeowners Association which ban or limit the size of pets are under increased attack by homeowners strongly desire to bring fluffy or killer, a 60 pound pit bull into their homes in violation of established of the Association. Traditionally it was not difficult for Association to ban these types of pets and to […]
Third District Appellate Opinion May Affect Collection Strategies
In its recent opinion in the case of Aventura Management, LLC vs. Spiaggia Ocean Condominium Association, Inc., the Third District Court of Appeal may have significantly impacted the collection strategies implemented by many condominium and homeowner associations in Florida. The case involved a condominium association’s efforts to recover full payment of past-due assessments and related […]
Hurricane damage claim barred by property damage exclusion
The United States District Court for the Southern District of Florida has held that an insurer did not owe a duty to defend a lawsuit by a homeowner against a condominium association because all of the claims arose out of hurricane damage and thus fell under the property damage exclusion contained in a non-profit management […]
Top 10 Collections Resolutions for 2013 for South Florida (or anywhere) Community Associations
The start of the year marks an ideal time for community associations to take a close and careful look at their collections practices and establish some new year’s resolutions to make their efforts as effective as possible. Here are my top 10 suggestions for the best collections resolutions for associations to consider and adopt for […]
Payback Time: Florida Homeowners Foreclosing on Banks
Since the housing bubble burst in Florida five years ago, more than 400,000 borrowers have had their homes foreclosed on by their lenders. But for some, it’s payback time. Hundreds of homeowners and condo associations are foreclosing on banks that have failed to pay dues and other expenses on the properties they’ve repossessed. Read More……
Condo Associations & HOAs Losing Millions Nationwide
According to recent reports, more than 1.2 million worthless checks enter the banking system every day in the United States. Check fraud losses account for more than 20 billion dollars per year and the number of cases is increasing by approximately 25% each year. I know from my own experience with community associations that fraud, […]
Clear Dog Policies Help to Avoid Disputes, Confusion for Community Associations
Doggie disputes are a common issue for many owners and board members in South Florida condominium communities. In today’s housing market, many people who were previously living in a single-family home are now finding themselves living in condominiums or deed-restricted communities with their pets. Read More……
Florida Court Reviews Entitlement To Attorneys’ Fees
No one wants to be involved in a lawsuit. Guaranteed to not only be a real drain on time and elevate stress levels all around, litigation can rack up enormous legal fees for both the plaintiff and the defendant. A well-known strategy for companies is to include wording in contracts that allows a prevailing party […]
A “Tail” of Two Doggies: Lessons of Both the Absurd and Practical in Dealing with Pet Cases
In my legal practice, few cases are more prone to absurd happenings, bizarre government policies, and expensive litigation than pet cases. Well meaning associations set up rules to either prohibit pets all together or to limit their size, often in an effort to avoid having excessively large, loud, or potentially dangerous animals in the community. […]
The 40-Year Recertification of Condominium Buildings in Miami-Dade and Broward
As the cranes involved in our last building boom disappear from our skyline, making way for the appreciation of new buildings resulting from settling construction activity, attention is drawn to past construction booms in our region. Decay resulting from the element of time — exacerbated by our proximity to the salty ocean air — has […]
Assessment Collections Practices are Leading to Lawsuits
Recent lawsuits involving community associations have created quite a stir among condominiums and homeowners associations, as owners have alleged in the suits that law firms and associations are improperly seeking to collect unpaid assessments, interest and other charges in violation of Florida law and the governing documents of the associations. The lawsuits seek to recover […]
Aggressive Strategies with Foreclosure Properties Helping Many Associations
During the slow recovery in the housing market, many community associations are taking more aggressive approaches with foreclosures and rentals to recover delinquencies and gain financial strength. These associations are using their lien rights in order to avoid the issues that arise with bank delays in foreclosure cases, as delays have become the norm in […]
The Attorney-Client Privilege: Disclosure of Confidential Information to Property Management Companies in Furtherance of Representation of Condominium or Homeowner’s Associations
Attorneys are not only ethically, but lawfully obligated to keep certain divulged information confidential in furtherance of representing a client. However, issues may arise whereby certain documentation may need to be transmitted to a third party. For example, an attorney represents a homeowner’s association whose property management company is responsible for maintaining records including contracts […]
25 years of condo law, and communal fruit
This month, I celebrate 25 years of practicing “condo” law. I would like to say that I have seen it all, but I probably have not done so. After all, I have practiced on the west coast of Florida. I have no idea what Miami would be like, and I do not want to know. […]
Rogers Towers: Defeating Homeowner’s Association Claims for Unpaid Assessments in Foreclosure Cases
When is a first mortgagee not liable for any unpaid HOA assessments that came due prior to taking title? Judging solely by the text of § 720.3085(2)(b), it would seem that a first mortgagee that takes title to property through foreclosure or deed in lieu would instantly become liable to the HOA for unpaid assessments […]
Is Your Association Utilizing All of The Tools Available To It?
Many times I receive calls from condominium and homeowners association board members and managers who are at their wits end with certain residents in their community who cannot seem to follow the rules. These are the residents who paint their homes without seeking and receiving approval, move tenants into their units under the cover of […]
Florida Bar Looks at Issue of Managers and the Unauthorized Practice of Law
In June, 2012, the Florida Bar’s Standing Committee on the Unauthorized Practice of Law discussed the ever present issue of what constitutes “unauthorized practice of law” or “UPL” by community association managers. There are approximately 15, 600 licensed community association managers currently active in the State of Florida. Of those, the Department of Business and […]
Court sides with contractor over subrogation for damages from burst pipe
A federal district judge in Miami has sided with a heating, ventilation and air conditioning contractor against an insurer seeking subrogation for damages paid related to a burst pipe during Hurricane Katrina at a luxury condominium building in Miami. Read More……
FL: New Law Eliminates Important Homeowner, HOA Protections Against Construction Defects in Community Infrastructure Systems
HB 1013, one of the most surprising and anti-consumer pieces of new legislation for Florida homeowners and HOAs, was recently signed into law by Gov. Scott. HB 1013 was passed in direct response to the Fifth District Court of Appeal’s decision in the case of Lakeview Reserve Homeowners Association, Inc. v. Maronda Homes of Florida, […]
Rogers Towers: Defending Mortgage Lenders Against Attorney’s Fees Claims by Condominium Associations
Lenders foreclosing mortgages in Florida frequently encounter claims by condominium associations for past due assessments. Increasingly, those entities are extending their claims in attempts to recover attorney’s fees and costs as well, often asking for amounts far in excess of the actual assessments. What obligation does a foreclosing lender have to pay these attorney’s fees […]
Recent Case Holds That Condominium Association Could Owe A Duty of Care to Unit Owners to Maintain Pipes In the Interior Boundary Walls of Units
In a recent case, the Florida Fourth District Court of Appeal analyzed a condominium association’s declaration documents to determine whether the association owed a duty to maintain the pipes located within interior walls of the condominium. While the subject of the case is a negligence action by the unit owner against the association, the case […]
So Now You’re On the Board
The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]