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Community Associations Network
- March 2, 2016
11 views 40 sec

In the recent case of Jallali v. Knightsbridge Village Homeowners Association, Inc., 2016 WL 320601 (Fla. 4th DCA Jan. 27, 2016), Florida’s Fourth District Court of Appeal held that when where a bank files a lis pendens against a property, the Court in which the case is filed obtains exclusive jurisdiction over all encumbrances on […]

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Community Associations Network
- February 26, 2016
12 views 28 sec

In 2003, the Florida Legislature enacted 718.112(2)(l) as a statutory scheme to require the retrofitting of fire sprinklers for residential condominiums. The statute first began specified that the condominium association may not vote to forego such retrofitting with a fire sprinkler system of common areas in “high-rise building” which was defined as “greater than 75 […]

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- February 24, 2016
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Condominium associations and homeowner associations (HOA) are abundant in Florida. These types of associations are typically governed by declarations/covenants and restrictions, as well as bylaws and articles of incorporation (collectively referred to in this post as the governing documents). These associations are also governed by detailed provisions of the Florida Statutes. Chapter 718 (condominiums) and […]

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- February 18, 2016
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With all of the new construction of condominiums and single family homes, developers should be mindful that the end of the project cycle and turnover of the homeowners or condominium association is just as important as the beginning of the cycle and can have a meaningful impact on the developer’s bottom line.   Read the article…………

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Community Associations Network
- February 17, 2016
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What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Condominium associations in Florida deal with nuisances on a regular basis, from sight, smell and sounds. The biggest problem in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined […]

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Community Associations Network
- February 16, 2016
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Associations have been counseled for the last several years to move quickly to foreclose on units in cases of prolonged lender foreclosures so that they could utilize these residences to reap rental income while the bank cases languish.    Read the article………..

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Community Associations Network
- February 15, 2016
13 views 32 sec

There is a growing sense of concern among community associations regarding the legal ramifications as the popularity and availability of drones rises. This begs the question of whether there are limitations condominiums and HOAs can impose on the ability of residents to use drones within the community and how to minimize potential liability to community […]

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- February 12, 2016
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QUESTION: The drone has a camera on it, and we are feeling like our privacy is being invaded. What can we do? ANSWER: Florida drone regulation law does address the use of a drone camera in any area in which a person has an expectation of privacy. Section 934.50, Florida Statutes was amended in 2015 […]

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Community Associations Network
- February 9, 2016
14 views 30 sec

The start of a new year represents a slew of new beginnings for most community associations. From holding annual elections to the preparation of annual budgets, the first quarter of the year marks a pivotal time for many associations. With that comes a great deal of confusion, particularly with regard to the proper way to […]

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Community Associations Network
- February 8, 2016
10 views 34 sec

Q: I am a candidate for the board of my condominium association. I made some campaign posters which I posted in the community center to announce my candidacy and to introduce myself to the owners. The association told me that I had to remove the posters. As a candidate for the board of my condominium […]

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Community Associations Network
- February 8, 2016
9 views 25 sec

It is not uncommon for a homeowner association (“HOA”) to file a separate claim of lien foreclosure action against a resident even though the bank’s mortgage foreclosure action remains pending. Therefore, a homeowner can potentially face two foreclosure actions against the property at the same time    Read the article………..

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Community Associations Network
- February 5, 2016
27 views 29 sec

A recent arbitration ruling over a request to inspect the official records of a condominium association by a unit owner as prescribed under Florida law should serve as a reminder to all Florida community associations that they cannot impose rules and prerequisites that are outside of the scope of the statute to deny such requests. […]

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Community Associations Network
- February 4, 2016
12 views 28 sec

The Florida Marketable Record Title Act (“MRTA”) was enacted in 1963 to simplify conveyances of real property and provide greater certainty to landowners. Generally, MRTA provides that any person holding any recorded estate or interest in land for 30 years or more has title to the land, free and clear of most claims or encumbrances. […]

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Community Associations Network
- February 3, 2016
11 views 29 sec

The acquisition of condominium units by investors, including bulk-buyer unit purchasers, has served a critical role in the recovery of the South Florida real estate market. These concerns acquired scores of units at condominium developments during the height of the foreclosure crisis and enabled the associations of many distressed developments to regain their financial footing. […]

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Community Associations Network
- February 2, 2016
13 views 43 sec

One of the most common misconceptions of non-lawyers regarding the practice of law is that a civil case ends upon conclusion of a trial and that, if a party is victorious at trial, he automatically obtains or is provided with the award he was granted in court. For instance, if one party sues another for […]

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Community Associations Network
- February 1, 2016
9 views 35 sec

In previous a blog, we discussed electronic voting and how it provides community associations with the opportunity to work in the digital space. Doing so makes the election process easier, less cumbersome, and easier to detect flaws. Since our last blog addressing electronic voting rules and guidelines proposed by the Department of Business and Professional […]

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Community Associations Network
- February 1, 2016
11 views 31 sec

Condominium association lawyers are celebrating a newly created Florida Bar certification for specialists in condominium and planned development law.  With multifamily developments and related litigation on the rise, proponents say the new certification reflects the nuanced complexities of a niche practice area focused on condo developments, commercial and residential community associations, cooperatives and recreational organizations […]

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Community Associations Network
- January 30, 2016
10 views 22 sec

A judgment obtained by a Florida court becomes a lien on the judgment debtor’s real property when it is properly recorded. The creditor’s primary interests in perfecting the judgment as a lien on a debtor’s property are two-fold:    Read the article……….

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Community Associations Network
- January 29, 2016
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HOAs have two options for purposes of federal income taxation: (i) an election under Section 528 of the Internal Revenue Code (IRC) or (ii) taxation as an ordinary corporation. HOAs are like any other corporation, even if they’re not for profit.  Read the article…………

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Community Associations Network
- January 27, 2016
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The Board of a Condominium Association or Homeowners Association has many decisions to make when it discovers telltale signs of construction defects in common property. These latent construction defects can manifest themselves in a number of different ways, including but not limited to, water intrusion, peeling paint, staining, wood rot, cracking of stucco, concrete spalling, […]

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- January 25, 2016
9 views 42 sec

Each year, children are injured or killed as a result of playground hazards, such as sharp edges, hot surfaces and surfacing, hard surfacing material, impacts from protrusions, poorly maintained equipment, or from head entrapments and entanglements. The United States Consumer Product Safety Commission estimates that more than 200,000 children each year are injured severely enough […]

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Community Associations Network
- January 24, 2016
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ORLANDO, FLORIDA (PRWEB) JANUARY 24, 2016 “CAI’s Florida Legislative Alliance has been advocating for strong public policy in Florida’s communities for decades and this partnership is part of our grassroots advocacy efforts to educate legislators on the negative implications HB 203 and SB 722 would have on the 9 million residents living in Florida condominiums […]

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Community Associations Network
- May 13, 2015
7 views 38 sec

Each year, tens of thousands of people buy new homes in Florida. Most do so with the belief that a new home will have fewer problems and headaches than an older one.  But a First Coast News investigation has found that some new homes — including those in very prestigious communities, with half-million dollar price […]

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Community Associations Network
- April 13, 2015
10 views 18 sec

A bill to continue Great Recession-era relief to homebuilders and bulk buyers of bank-owned condominiums was approved in House Finance & Tax during a Monday afternoon meeting held specifically to consider the proposal.     Read the article……….

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Community Associations Network
- April 13, 2015
12 views 26 sec

As the season for annual meetings and elections at South Florida community associations comes to a close, our firm’s other community association attorneys and I are reminded of the significance of following all of the necessary protocols to ensure that association meetings and elections run as smoothly as possible.     Read the article……….

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Community Associations Network
- April 13, 2015
8 views 31 sec

This blog post is part IV in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and […]

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Community Associations Network
- April 13, 2015
11 views 42 sec

PRIOR TO HURRICANE SEASON – APRIL AND MAY • Check the operation of all vents and openings in the machine room and hoist way walls to insure proper operation. This is to make sure that driving rain will not blow through the vents. • Check to make sure all doors, vents and other openings are […]

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Community Associations Network
- April 8, 2015
10 views 35 sec

A recent case in Las Vegas has set a new bar for the heights to which criminals will go in their efforts to defraud condo associations and HOAs for contracts worth millions of dollars. A U.S. Justice Department investigation revealed that 11 homeowners and condominium associations in Las Vegas were defrauded of millions of dollars […]

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Community Associations Network
- April 2, 2015
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This blog post is part III in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and […]

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Community Associations Network
- March 31, 2015
10 views 34 sec

So, you just started as a new board member in your condominium or homeowners association in Florida? Congratulations! Or, condolences! Your’s is a thankless job, but someone has to do it. Hopefully, your neighbors will recognize that you are investing your time and energy for the benefit of your community, while they may be off […]

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- March 30, 2015
11 views 36 sec

When a residential subdivision is developed, it is common for the developer to record a Declaration of Covenants, Conditions, Easements and Restrictions along with the subdivision plat. This Declaration addresses use restrictions that will govern the residents, as well as easements for their use and enjoyment of common areas such as ponds, private roads and […]

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- March 23, 2015
10 views 43 sec

Florida Statute Chapter 558 was adopted to serve as an alternative method to resolve construction and design disputes in order to reduce the need for litigation, while protecting the rights of property owners. While the nuances of Florida Statute Chapter 558 are outside the focus of this post, there are some proposed changes making their […]

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- March 23, 2015
9 views 56 sec

A community association is a corporation, in many ways similar to any other corporation, be it a for-profit or not-for-profit company. In exercising decisions, for the most part, the community association’s board members must adhere to the “business judgment rule.” As I like to explain it, this means that the board member’s decisions might be […]

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- March 22, 2015
39 views 39 sec

Does your condominium building have security cameras that were installed by the developer? Have there been violations of the association’s security protocol, such as unauthorized use of key fobs and contractor access to the building without registering with the front desk? If the answer to both questions is “yes”, would you think that installing a […]

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Community Associations Network
- March 22, 2015
16 views 40 sec

While the housing market in South Florida is continuing its recovery, many of the community associations in the region are still struggling with delinquencies by unit owners in the payment of their association dues. The shortfalls in the associations’ collections, which in some cases have also been exacerbated by gross mismanagement or even theft by […]

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Community Associations Network
- March 20, 2015
11 views 41 sec

This blog post is part II in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions.  The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and […]

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- March 16, 2015
9 views 23 sec

The previous blog post, “Drones in Community Association – Part I,” discussed the association’s regulation of the use of drones throughout and within the community. This post will discuss the potential for associations to utilize drones in everyday management and maintenance tasks for the community.       Read more……….

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- March 12, 2015
17 views 20 sec

A bill making its way through the Florida Legislature that would loosen a cap on timeshare assessment fees and make it tougher for buyers to get out of contracts has drawn criticism from time-share owners’ attorneys and advocates.       Read more………

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