If you own a condo or home but want to rent it out to earn some passive income, you may be wondering, “Can my homeowners’ association (HOA) prohibit or restrict rentals?” The short answer is, “Yes.” A homeowners’ association can prohibit or restrict rentals. For example, many HOAs in Florida limit the number of leases […]

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Unfortunately, homeowners’ and condo association lawsuits against Florida construction companies and developers for construction defects and other abuses (breach of implied warranties, negligence counts, violation of minimum building codes, etc.) are far too common. In June, when the “Loft 2” condominium in downtown Miami was constructed with some serious flaws—such as defects in the air […]

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It seems like every day, there are disputes between homeowners associations and its members, even though these disputes are supposed to be avoided by specific, detailed covenants and restrictions agreements residents agree to when they buy into these associations. There are always going to be circumstances under which homeowners associations and property managers must take emergency […]

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Tenants filing for bankruptcy is less of an issue for residential landlords, but an increasingly frustrating problem for commercial landlords as we get further into 2018. As a result, it is important—now more than ever—that commercial landlords know what their rights are when it comes to how tenant bankruptcy affects lease agreements. Rules: Before & After Filing […]

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As attorneys who regularly represent homeowners associations and property managers, we frequently get questions about what the board can do with and without membership approval. These types of questions ultimately come down to distinguishing between what is and is not a “material alteration.” The general rule is that if the proposed change is a palpable change […]

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In some circumstances, FEMA is also empowered to authorize payments to policyholders even before inspections are done if the policyholder needs to cover an emergency expenditure (such as temporary housing) after the disaster. HOA Contracts & Emergency Powers The process of repairing and mitigating damages under programs like these can be very confusing. For example, […]

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When it comes to monthly dues and homeowners’ associations, questions come up frequently; both from executives dealing with homeowners who aren’t paying yearly dues; and from homeowners wondering whether there are circumstances that allow them to withhold monthly dues. When it comes to homeowners’ dues, property managers, presidents, and other executives have a fiduciary duty to […]

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There have been a number of disputes around the country of late between landlords and homeowners associations and tenants/homeowners of late over what rights homeowners have to display particular items; for example, flags that others may find offensive. As a result, we thought we would provide some background on what rights both landlords and homeowners associations have […]

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When it comes to running a homeowners association or condominium and all of the upkeep and operations associated with these types of properties, it is important to understand the ins and outs of insurance coverage and liability. For example, “bare walls” insurance plans are often discussed in associations that want to limit the cost of water damage claims […]

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Nothing is perhaps more effective in ensuring that there is a smooth relationship between landlords and tenants than carefully drafting and negotiating the contract that governs that relationship and the rights that each party has. One of those terms includes the terms of “enjoyment” covenant, also known as a covenant of quiet enjoyment. This aspect […]

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