Archive: August 2017

On June 14^th, Florida House Bill 398—affecting condominium and homeowners associations—was signed into law. It is important to note how the legislation expands the scope of the current statutory provision and affects estoppel certificates.

Specifically, the bill revises requirements relating to the issuance of an estoppel certificate to certain individuals, requiring a condominium and/or homeowner’s association to designate very specific information for estoppel certificates and prohibiting the association from charging certain fees for making claims if said certificates are not delivered within a specific timeframe, amongst making various other changes.

Estoppel certificates are legal documents sent by homeowners associations that inform people of any amount of money—usually homeowners fees or unpaid fines—that that may be owed to the association.

However, these certificates can cost quite a bit to prepare due to the time and research that goes into them. Thus, one thing that the measure also does is allow the association issuing the certificate to charge up to $250 to prepare and deliver the certificate, with an additional $150 if there are also delinquent amounts owed to the association.

According to the latest Gallup poll, 73 percent of U.S. adults say that divorce is “morally acceptable”; an all-time high, even as the national divorce rate has been on the decline. Since 2001, the public has consistently viewed divorce as morally acceptable, more and more each year. In the decades prior, however, the concept of divorce generated a fair amount of discord in public polling.

Specifically, by mid-1968, before most states adopted no-fault divorce laws, 60 percent of Americans indicated that they wanted the government to make divorce “more difficult.” However, as laws changed during the 20^th century, divorce became more and more familiar to most Americans, allowing it to become more morally acceptable, even as the divorce rate itself continued to decline. 

Moral Acceptability of Divorce in U.S. Hits New High amongst Married and/or Older Adults

Historically, divorce was always more acceptable amongst unmarried adults. However, over the last seven years, married individuals became about equal in this endeavor in accepting divorce as morally acceptable, indicating that attitudes are changing amongst married adults. Even the one major subgroup that has historically remained the most opposed to divorce—“very religious Americans”—is now, for the first time in history, reflecting that a majority of its members find divorce to be morally acceptable.

Some Florida couples deal with mental incapacity issues as they overlap with divorce, and there are laws here in Florida addressing the issue. However, while Florida does allow for divorce in the event that one spouse suffers from a mental incapacity, there are particular waiting periods built into the law in order to protect infirm spouses who, in some instances, cannot defend themselves. Specifically, once determined to be officially incapacitated, an individual needs to have been incapacitated for at least three years prior to commencing dissolution proceedings.

Yet while the law has been put in place in large part to help protect those with severe injuries and conditions such as brain trauma and dementia, there are also individuals who have found themselves the victim of this particular law.

As A Hurdle

While some divorce-mental incapacity cases involve one spouse attempting to take advantage of the other, who has been deemed to be mentally incapable, there are also couples who wish to obtain a divorce, but find themselves waiting for three years or more to obtain it due to some of the loopholes in the law.

As recently covered by the Miami Herald, the issues created by short-term rentals (as facilitated by websites like Airbnb and others) have become one of the most pressing challenges facing both homeowners and condominium associations during the last several years. Specifically, multiple legal issues have arisen from the blatant disregard of association governing documents clearly prohibiting short-term rentals.

And yet, enforcing these restrictions has proven to be extremely difficult, warranting the development of strategic legal measures to address them. This is particularly of concern in Florida, which is one of the top home-sharing markets in the country due to the number of tourists that come through the state on a regular basis.

In response, a number of Florida municipalities are now adopting stringent restrictions and regulations. For example, Miami Beach allows for some short-term vacation rentals in certain zoning districts, but bans them outright in all single-family homes and in some zoning districts. Recently, fines were also raised to $20,000 for first-time violations of these restrictions.