Archive for 'Homeowners Association' Category
Nov 1, 2017

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 […]

Oct 10, 2017

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 […]

Sep 7, 2017

With Hurricane Irma quickly approaching Florida, Wind and storm damage will likely occur.  If you become the victim of storm and flood damage, you will need to file a claim with your insurance company to start the recovery process.  You pay a lot of money for your insurance so it makes sense that if your […]

Aug 29, 2017

On June 14th, 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 […]

Aug 4, 2017

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 […]

May 9, 2017

There are some key differences when it comes to the management of condominium versus homeowners associations in Florida. For example, this includes the ability to charge capital contribution fees, or the one-time charges associated with any transfer of title part of the association. For Florida homeowners’ associations, these fees typically range from $400 to $5,000, and are […]

Apr 17, 2017

The latest developments surrounding a ban that Florida’s Suntree Master Homeowners Association wants to place on allowing sexual offenders and sexual predators to live on the property has made news headlines. This housing restriction sheds light on what rights homeowners associations and other property managers have in terms of setting particular standards for residential developments, and what […]

Mar 9, 2017

As the Wall Street Journal reported this month, video evidence has emerged as a powerful tool in housing court battles, especially in exposing tenants who have fraudulently claimed rent-controlled apartments as primary residences in order to pass those rights onto relatives in violation of the law. As a result, courts have recently upheld the rights of landlords to mount […]

Dec 14, 2016

Recently, the Florida Supreme Court ruled that lenders can refile foreclosure cases against homeowners who are still in default, even if the case was initiated more than five years ago (i.e. past the statute of limitations). This effectively now gives banks in the state the right to bring cases back to life, meaning that delinquent […]