If your landlord fails to make necessary repairs or violates housing codes, you may be thinking about stopping to pay rent. But are you legally allowed to do that in Florida without facing an eviction notice?

What Are the Obligations and Duties of Your Landlord?

In Florida, landlords are legally required to comply with housing, building, health codes, laws, and ordinances. The exact duties of your landlord depend on whether you rent an apartment, home, or commercial premises.

If you live in an apartment building, your landlord is required to provide or ensure:

• Plumbing and hot water
• Heat
• A clean and safe environment around the building
• Garbage pickup
• Reasonable security measures, including working and locking doors and windows
• Eliminate rodents and bugs, including bedbugs

If you live in a standalone home, it is important to review your lease agreement. Many landlords delegate many of their duties and obligations to tenants.

What to Do if Your Landlord Fails to Make Repairs?

If your landlord violates housing codes or fails to make necessary repairs or keep the environment clean and free of hazards, you should discuss your options with a competent landlord & tenant attorney in your city.

Under the Florida Statutes Section 83.51, tenants are not allowed to make repairs and then subtract the cost of repairs from their rent payments unless their landlord agrees to do so. Generally, you have two options:

1. If you want to move out, you must provide your landlord with a 7-day notice to give them a chance to fix the issue. If the condition is not fixed or the landlord does not make a reasonable effort to solve the problem, you can move out immediately.
2. If you want to stay, you can stop paying rent – or, in other words, withhold rent payments – until your landlord makes a reasonable effort to fix the issue.

Are Commercial Landlords Required to Make Repairs?

Florida courts have repeatedly held that commercial landlords have an obligation to maintain or perform repairs in the leased premises only when they expressly agreed to do so. Under Florida law, commercial landlords have no legal duty to make repairs or maintain the leased premises.

Also, the fact that a commercial landlord voluntarily performed repairs in the past does not create an obligation to continue making repairs in the leased premises. Thus, landlords must specifically state in the lease agreement what, if any, repairs will be part of their duties.

A provision stating that the tenant has no obligation to perform repairs or replace an item does not create an obligation on the part of the landlord. If an obligation is not specifically stated in the lease, there is no such obligation. You should consult with a Tampa commercial landlord & tenant attorney if you have a dispute with your landlord or tenant about who should be responsible for making repairs in the leased premises.

Contact our lawyers at HD Law Partners to schedule a case review. Call at 813-964-7878 to discuss your legal options during a free phone consultation.

Florida Governor’s Order Clarifies Eviction & Foreclosure Suspension, But Does Not Apply to Commercial Tenants

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Whether divorces are amicable or contentious, divorce settlements that are drafted and finalized too quickly could be missing some crucial issues, especially if a couple shares children. This is especially important if one parent is  the primary residential parent and, as a result, may incur extra costs and could end up being on the hook for thousands of dollars.  As a result, if any of the following applies in your circumstances, ensure that you and your attorney discuss and address these issues in your settlement:

College Costs

Addressing who is going to pay for college is essential if you share a child who is college bound, as Florida does not require parents to split tuition, room, and board, and, as a result, parents cannot be forced to pay for college costs unless it is addressed in the settlement or another contract. As a result, if you are the primary residential parent (or even if you are not), it may be important to you to at least obtain language covering the cost of a four-year in-state school. Also make sure that there is language included which addresses all of the other costs that come along with the college experience, such as books, computers, meals, travel, insurance, and any other expenses that might come up.

College Prep & Applications

There are a number of costs that come up in the final two years leading up to college, such as preparing for and taking tests (tutoring programs, etc.), applying to schools, etc. that you may also want to address in the settlement.

First Refusal Language

You may also want to adjust any first refusal language in the settlement in order to ‘take over’ any custody time with your children if, for example, your ex goes out of town or otherwise cannot meet their obligations at some point during their timesharing.

Investments

Make sure that your potential tax hit for any investment accounts you are awarded have also been addressed, as different investments yield different results (for example, splitting traditional and Roth IRAs). You also want to make sure you know the cost basis for any investment accounts you are getting as well so that you know what you may owe based on the capital gains tax rate and can thus try to minimize or avoid capital gains taxes in general by investing for the long-term.

If You Have Questions About Divorce or Other Family Law Issues in Florida, Contact Our Attorneys Today

If you live in Florida, it is imperative that you work with an experienced divorce attorney who is well-versed in divorce settlements and who is prepared to address any property and time sharing issues unique to your circumstances. At HD Law Partners, we have more than 40 years’ combined experience in representing clients in family court matters, and we are prepared to act as your trusted legal advocate. Contact our Tampa family attorneys today to find out more about our services.

Resource:

seattletimes.com/business/crucial-extra-items-to-cover-in-a-divorce-settlement/

Protecting Yourself Financially Before, During, And After Divorce

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As family law attorneys who practice here in Florida, an increasingly common issue that we deal with when it comes to divorcing spouses is addressing custodial and 529 accounts. Even when a divorce is amicable, problems can still arise with respect to budgeting for a shared child’s college plans.

529 accounts allow people to save and invest for college, while avoiding taxes. The funds, when withdrawn, are also exempt from federal taxation, as long as they are spent on “eligible” education expenses (tuition, books, housing, meal plans, computers, etc.).

Still, if not properly addressed in the separation agreement, some of them are subject to a number of changes that you may be opposed to. While the general rule is that the custodial parent becomes the owner of the 529 account, with more and more courts encouraging equal, shared parental responsibility (unless they find that it is detrimental to the child), the management of the college savings account must be explicitly addressed in the separation agreement; the contract that outlines how everything is divided. In particular, it is  very important for spouses to know that, legally, these funds belong to the child as the beneficiary, and are not available to a spouse to withdraw and use as their own.

Below, we discuss some of the details associated with each type of account that is relevant to college savings during divorce, and how to protect them:

529 Plans

529 plans provide a certain amount of flexibility such that one spouse could try to change the beneficiary of record and withdraw the assets to pay for their own or someone else’s education expenses, or simply revoke the account. This is why it is crucial that the separation agreement specify that the funds are only to be used for your child (i.e. and include specific identifying information for that child).

Coverdell Education Savings Accounts (ESAs)

Note that Coverdell Education Savings Accounts (ESAs) operate in almost the exact same way as 529 plans, however, they must be paid out to the named beneficiary within 30 days of the beneficiary turning 30, which can result in penalties and tax consequences. In addition, they are transferred upon divorce, and the subsequent owner treats the account as though they were the original owner.

Custodial 529 & UGMA/UTMA Accounts

The best way to ensure that an education account is only used for one particular person is a Custodial 529 and/or UGMA/UTMA account, as the beneficiary on these accounts cannot be changed. However, note that the beneficiary can only take ownership of the account once they reach the age of majority (age 18 in Florida).

Other Funds That Might Be Used for College Savings

Other funds affected by divorce (i.e. subject to division) that also need to be addressed in the agreement include:

• Roth & Traditional IRAs (the portion accrued during the marriage)
• Qualifying US Savings Bonds (note that these can be sent back to the Treasury with instructions to split and reissue upon divorce)
• Qualified withdrawals: an attorney is going to need to assist the student if they, for example, need to withdraw funds to help pay for rent associated with living with a parent, or if that parent has to withdraw funds to help pay for costs if the beneficiary becomes disabled, etc.
• Successor owners: you will also need to specify a successor in the event of the beneficiary’s death, as anyone who receives the account via probate can change the beneficiary
• Statements: note that even if you are not a joint account owner, you can be listed as an interested party on the account so that you always receive statements and know what is going on

If You Have Any Worries or Concerns Regarding Your Child’s College Savings in Your Divorce, Contact Our Florida Divorce & Family Law Attorneys Today

Family matters can become potentially volatile when it comes to dealing with property division, especially when there are concerns over the well-being of a child’s future. Contact our experienced Tampa family attorneys at HD Law Partners today to help ensure that you and your loved ones are protected throughout this process.

Resource:

nytimes.com/2020/09/04/your-money/college-savings-529.html

Dealing with The Family Home During Divorce

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In late August, the Department of Housing and Urban Development (HUD) extended the ban on evictions and foreclosures until 2021, protecting more than eight million homeowners with single-family mortgages. The agency had previously only extended loan forgiveness on single family home mortgages that were insured and backed by the Federal Housing Administration through the end of August.

Below, we discuss which mortgages are not covered by this development, the most recent executive order on the issue, and what other protections might be available to those facing eviction or foreclosure at this time and in the future.

What Is Not Included

Note that this extension does not include residential mortgages backed by Freddie Mac and Fannie Mae; government-run companies that guarantee approximately 50 percent of the entire US residential mortgage market, both of which last extended moratoriums on evictions and foreclosures on single-family homes through August 31.

August Executive Order Could Mean Fannie Mae & Freddie Mac Properties Will Follow Suit

However, the Trump administration did sign an executive order on providing assistance to renters and homeowners in August, declaring that it will take “all lawful measures to prevent residential evictions and foreclosures resulting from financial hardships caused by COVID-19,” indicating that the pressure is now on these entities to follow suit and also extend their moratoriums through the end of 2020.  Given that the companies are government-run, the chances are high that they will also end up extending their moratoriums. Note that the executive order also directed HUD and the Treasury to identify potential sources of funding to aid struggling tenants.

Protections Already Provided by The Protecting Tenants in Foreclosure Act

Many renters and homeowners do not realize that they are also already protected by the Protecting Tenants in Foreclosure Act (PTFA), which covers foreclosures on a:

• federally-related mortgage loan; or
• dwelling or residential real property after June 23, 2018

Tenants are protected if they are under a “bona fide lease” or tenancy, where the mortgagor is not the tenant and the lease was the product of “an arm’s length-transaction” that requires rent which is not substantially less than fair market value or reduced due to a subsidy. The PTFA requires that:

• tenants be provided with 90-day notice to vacate in all instances; and
• tenants with bona fide agreements entered into prior to the date of notice of foreclosure must be allowed to remain until the end of their lease, which only reverts to 90-day notice to vacate if the owner plans to occupy the property as their primary residence or local laws allow for agreements to be terminated at will.

If You Are facing Foreclosure in Florida, Contact Lawyers Who Protect Homeowners and Tenants Against Eviction and Foreclosure

If you have any questions or concerns about eviction or foreclosures in Florida, including what laws might be available to protect you against a foreclosure proceeding, contact the Tampa foreclosure attorneys at HD Law Partners right away. It is important to know that not only do banks often engage in unlawful practices that result in constructive evictions, but the laws on these issues are changing every week, with negotiations continuing over measures that can be put in place to protect homeowners.

Resource:

fdic.gov/regulations/compliance/manual/5/v-16.1.pdf

whitehouse.gov/presidential-actions/executive-order-fighting-spread-covid-19-providing-assistance-renters-homeowners/

politico.com/news/2020/08/18/hud-foreclosure-evictions-ban-397960

Developments in Business Interruption Insurance Litigation Claims Brought Throughout Florida & Country

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In spite of the moratorium placed on foreclosures by the state of Florida, Fannie Mae, and Freddie Mac through December 31, 2020, the recession brought about by the pandemic is going to bring about a significant spike in foreclosures. Specifically, according to housing experts, once that the mortgage forbearance period ends, between 200,000 and 500,000 defaults and foreclosures are expected, reflecting a 70 percent increase in foreclosures alone over the next two years.

In addition, Florida has already been hard hit: According to the latest reports, the sunshine state had the country’s second highest foreclosure filing rate in August, with Jacksonville having the highest foreclosure rate of any metro area in the entire country, and Lakeland, Miami, and Ocala also among the top metro areas with high foreclosure rates as well. In addition, according to the Federal Housing Finance Agency, the recession will also cause Fannie Mae and Freddie Mac loan losses more than $4 billion, which will inevitably be passed onto consumers.

How Will This Be Different Than the Last Foreclosure Crisis?

During the last foreclosure crisis a decade ago, almost 10 million Americans lost their homes. Still, there are a number of differences between this recession and the last in that homeowners today have built up significantly more home equity, allowing them more options to ultimately escape foreclosure. While the mortgage delinquency rate tripled just between June and September, and this places some at risk of losing their homes to foreclosure proceedings, others will likely be able to sell instead due to the home equity they have built over the last few years.

How Foreclosure Attorneys Can Help You Stay in Your Home

There is no question that homeowners still need a lot more help in order to recover from the devastation that the pandemic has inflicted. There are a number of ways that foreclosure attorneys can help keep people in their homes, such as helping them to:

• Request forbearance: There are currently an estimated 3.7 million borrowers in forbearance right now. Doing so won’t result in late charges or affect credit scores; It simply pauses payments and extends the length of the loan
• Refinance (Also known as a “reverse mortgage”)
• Sell their home
• File a petition in bankruptcy
• Seek a loan modification that satisfies the lender and allows the homeowner to keep their home while making affordable payments

You never want to offer your deed in lieu of foreclosure without working with an attorney because you always want to ensure that you receive something in return, such as ensuring that the creditor will no longer pursue collection. In addition, by turning over the deed, you could end up forfeiting valid defenses or claims against the creditor.

Questions Concerns About Staying in Your Home & Avoiding Foreclosure in Florida, Contact Our Foreclosure Attorneys

If you have concerns about foreclosure proceedings here in Florida, speak with one of our Tampa foreclosure attorneys at HD Law Partners right away to find out how we can help.

Resource:

cnbc.com/2020/09/11/coronavirus-mortgage-bailouts-decline-but-new-foreclosure-crisis-could-be-coming.html

seattletimes.com/business/real-estate/why-the-coming-foreclosure-crisis-will-look-nothing-like-the-last-one-jeff-ostrowski/

washingtonexaminer.com/politics/florida-foreclosure-filings-trend-up-as-some-fear-a-fall-wave-awaits

Developments in Business Interruption Insurance Litigation Claims Brought Throughout Florida & Country

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On July 29, Florida Gov. Ron DeSantis issued Executive Order 20-180, extending the moratorium on evictions and foreclosures in Florida until September 1 due to the coronavirus pandemic. Failing to do so could have left thousands of Floridians homeless, as, unfortunately, many expect a deluge of foreclosures and evictions once the moratorium is lifted. In fact, according to reports, a number of landlords have already filed paperwork to evict their tenants once that the ban is lifted.

Similarly to the original Executive Order (20-94), relief in these circumstances is limited to residential tenants and single-family mortgagors adversely affected by COVID-19, and does not cover commercial tenants. Still, state politicians called on DeSantis to put in place additional plans to ensure long-term housing security – both during and after the pandemic – for mortgagors and residential tenants, as they claim that the governor has ignored important proposals necessary to assemble a more sustainable plan for Florida.

Foreclosure Laws & Practices in Florida

In addition to the impact that a foreclosure has on the mortgagor, the laws in Florida allow lenders to pursue mortgagors for the difference between the mortgage debt on the property and what they are able to sell the property for in a foreclosure sale, as well attorneys’ fees and costs. As a result, decades later and even after a property’s value has dropped far below the amount borrowed to purchase it, mortgagors are often still paying it off, even as this number continues to grow. This is in addition to mortgagors and other property owners having to deal with banks sometimes engaging in unlawful practices when they take possession of property, which can sometimes include forcing a renegotiation of the contract and/or delaying a repossession, fraud, and/or questionable loan foreclosure and origination proceedings. In some cases, banks have even had to pay out settlements for foreclosure abuse as a result.

Federally-Backed Mortgages

Meanwhile, the moratorium on all properties owned, insured, or overseen by the Department of Housing and Urban Development, the Department of Agriculture, and Department of Veterans Affairs, Fannie Mae, Freddie Mac, and the Federal Housing Administration was extended through August 31, and one Congresswoman has called on these entities to extend the moratorium through December 31. Federally-backed mortgages represent an estimated 70 percent of all outstanding single-family homes, therefore, this would make a significant impact on a number of homeowners and residential tenants.

If You Are Facing Foreclosure in Florida and Need Help, Contact Our Lawyers Today

What a number of banks may not realize is that, due to the current crisis, US homeowners are not only struggling to pay their mortgages now, but will likely be struggling even more in the future, and lenders are unlikely to see the money they have lent out. As a result, foreclosing on properties may not be financially beneficial even for the banks, as investors could, in some cases, lose more money than they lent because work done to repossess houses and then sell them can sometimes cost more than it would to simply give them away.

In order to avoid getting themselves into this bind, banks need to mitigate a breach of contract and any loss, which is required by common law anyway, as well as just representing good business practices.

At HD Law Partners, we represent homeowners facing foreclosure proceedings. If you or a loved one is facing foreclosure, speak with our Tampa foreclosure attorneys today. We serve clients in Sarasota, Tampa, and surrounding areas.

Resource:

thedailybeast.com/how-i-bought-a-house-and-joined-the-foreclosure-generation

maloney.house.gov/media-center/press-releases/maloney-calls-on-federal-agencies-to-immediately-extend-foreclose

flgov.com/wp-content/uploads/orders/2020/EO_20-180.pdf

Foreclosure Crisis Looms as Moratorium Set to Expire: What Your Options Are

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As family law attorneys who practice here in Florida, one of the important areas that we counsel clients on is how to walk away from your divorce while ensuring that you are financially protected. This is, in many circumstances, easier said than done, as, of course, it is difficult to plan for every little financial detail when you are first preparing for divorce. Yet, by hiring a good, experienced attorney who you are comfortable with, and who also has experience and contacts in other areas of law, such as business law, you set yourself up to be better prepared to ensure that you come out of your divorce financially protected.

Below, we discuss one of the common misunderstandings people have when it comes to financial obligations after divorce, as well as several steps that you should take right away when you are getting a divorce in order to protect your financial interests:

Tax Liability

First and foremost, regardless of whether one’s divorce decree indicates that they are not liable for their former spouse’s tax bill, if you filed a joint federal income tax return with your ex, both of you are jointly and severally liable for what is due that tax year. This means that the IRS has the authority to collect the full amount from either of you, regardless of whether one or the other is specifically responsible for or connected to the liability. This is because while the divorce decree is issued by the state, the IRS is a federal entity. However, there are certain tax forms that an individual can file in an effort to obtain relief from joint and several tax liability, such as Form 8857, titled “Request for Innocent Spouse Relief,” which is specifically for those who believe that their current or former spouse should be held responsible for all or part of the tax.

Assets & Accounts

Still, there is plenty that you can do in order to ensure that any liability for your soon-to-be ex’s financial actions are halted as soon as possible. At a minimum, ensure that you do the following as soon as possible to protect your accounts and to determine how much you are financially entitled to:

• Because you are liable for half of any joint expenses for a certain amount of time, work with your attorney to ensure that your spouse does not run up any large bills by closing all joint accounts that they have access to so that you won’t be held responsible for charges that they incur
• Monitor your credit score before, during, and after the divorce
• Contact your financial institution(s) and ensure that two signatures are required for any withdrawals from your investment and/or savings account(s)
• Obtain an inventory of all marital assets and decipher which are in your name and which belong to your spouse

Work with The Best in Florida Family Law

Securing an equitable settlement is crucial in divorce.  At HD Law Partners, we understand how these circumstances can impact nearly every aspect of one’s life. Our Tampa family attorneys have more than 40 years combined experience representing Florida clients in family law issues—and we will work tirelessly in order to ensure that our clients have the best possible results in their cases. Contact us today to find out more.

Resource:

irs.gov/forms-pubs/about-form-8857

msn.com/en-us/money/personalfinance/7-things-to-do-asap-when-your-spouse-wants-a-divorce/ar-BB17GbTf

Posted in Divorce | No Comments »

The advent of new scientific procedures that allow for such innovations as cryopreservation have introduced some complications into family law disputes; in particular, the issue of couples freezing embryos and entering into disputes over who has “custody” in the event of separation or divorce are becoming more and more common. While the question of whether frozen embryos should be considered marital property has sparked outrage in a number of states, in Florida, a law already exists addressing the issue. However, like many statutes, it is still written in such a way as to lend itself to plenty of litigation. As a result, this area of the law is still very much developing in the courts, leaving a number of questions unanswered, and warranting the need to address the issue in family law discussions if a couple has engaged in cryopreservation of embryos.

What Florida Law Dictates

Florida’s law specifically dictates that the treating physician and the couple must enter into a written agreement that provides for the disposition of the couple’s eggs, pre embryos, and sperm in the event of death, divorce, or any other unforeseen circumstance, and if they fail to enter into an agreement, any remaining eggs and sperm belong to the party that provided them, while decision making authority regarding the disposition of pre embryos “resides jointly with the commissioning couple.” In the event of death of one member of the couple, absent a written agreement, the eggs, pre embryos, or sperm remain under the control of the surviving member of the couple. The law even addresses the issue of whether a child conceived by an individual’s eggs, pre embryos, or sperm after their death is eligible for a claim against their estate by stating that they are not unless they have been explicitly provided for in the decedent’s will.

What It Fails to Address, And What Could Be Coming

What it does not do is address what happens when a couple fails to reach an agreement about disposition, as well as to what extent the agreement between the parties is binding/enforceable. Many fertility clinics have couples sign agreements indicating that embryos are the joint property of the couple such that both would need to consent to any future use of them and, in most cases, if the couple were to split up and one wanted to keep the embryos, the court would hold that the agreement controls. However, the issue of whether pre embryos should have legal status (i.e. where a pre embryo is treated as a life with personhood rights) is still unresolved, and could affect this issue in the future. Some states, such as Arizona, have chosen to go down this “potential for life” route by enacting new laws directing judges to grant any viable embryos to the individual who will allow them to be born, regardless of what any contract dictates.

What You Should Discuss with Your Attorney

As a result, a couple that is thinking about undergoing IVF should also contemplate working with an attorney beforehand in order to properly plan out what, specifically, they envision happening to any extra, unused embryos. Some reproductive doctors have, for example, advised women undergoing fertility preservation to take sole custody of their embryos from the get-go.

Contact Our Florida Attorneys with Any Questions

If you have any questions about family law issues here in Florida, contact our committed Tampa family attorneys at HD Law Partners today to find out how we can help.

Resource:

forbes.com/sites/naomicahn/2020/02/04/who-gets-the-frozen-embryos/#41493fa6cfd7

law.com/thelegalintelligencer/2020/07/10/embryo-disputes-becoming-more-common-in-family-law-practice/

Coronavirus Concerns & Custody Battles in South Florida

Posted in Family Law | No Comments »

In mid-June, federal eviction and foreclosure moratoriums were extended for an additional two months; Specifically, Fannie Mae and Freddie Mac announced that they will extend moratoriums on evictions and foreclosures on single-family homes until August 31. Those who cannot make mortgage payments have the opportunity to seek for forbearance through the Coronavirus Relief and Economic Security (CARES) Act, which has allowed them to reduce or delay payments for up to one year, while those who do not have government backed loans may also be able to obtain forbearance, depending upon their lenders.

In addition, the US Department of Housing and Urban Development also extended loan forgiveness on single-family mortgages insured within the Federal Housing Administration (FHA) program through the end of August, and these efforts were also joined by the Federal Housing Finance Agency. While the moratorium extension specifically applies to homeowners who have FHA-insured Title II Single Family Forward and home equity conversion/reverse mortgage, all servicers have been ordered to halt foreclosure actions and cease evictions of anyone renting single-family properties with the program.

Mortgage Forbearance Under The CARES Act

As Florida foreclosure attorneys, we have already received a number of questions concerning how mortgage forbearance under the CARES Act works, as approximately four million homeowners have already entered forbearance programs just since the Act passed.

The Emergency Standalone Partial Claim program places any and all deferred mortgage payments owed into a junior lien, which is paid only when the mortgage is extinguished—usually due to the borrower selling their home or refinancing their mortgage. Borrowers are allowed to request an initial forbearance period of up to 180 days, and at the end of that period, they can extend that request by another 180 days.

Under the Act, lenders are also required to approve forbearances, regardless of any delinquency status, and borrowers are not required to provide any evidence of hardship to their lenders in order to be approved. In addition, the Act not only applies to borrowers with loans backed by Fannie Mae and Freddie Mac, but also the Department of Veteran Affairs and U.S. Department of Agriculture.

However, what we also advise clients is that, when you participate in this program, interest on missed payments still accrues and, while forbearance should not affect your credit, it could still make it more difficult to obtain a loan in the future.

What to Expect: Contact Our Florida Foreclosure Attorneys to Find Out More

If you apply for a forbearance under the program, you will receive a mortgage forbearance agreement from your lender, which highlights how payments will work once that the forbearance period ends. It is advisable that you sit down and have a consultation with a foreclosure attorney at that time in order to ensure that you understand this agreement in order to ensure that you do not agree to anything that could surprise you, or otherwise lead to foreclosure without you realizing it.

If you have any questions about these programs or foreclosures in general, contact our Tampa foreclosure attorneys at HD Law Partners today to find out how we can help.

Resource:

cnn.com/2020/06/17/success/fha-eviction-and-foreclosure-moratorium-extended/index.html

consumerfinance.gov/ask-cfpb/what-is-a-second-mortgage-loan-or-junior-lien-en-105/

forbes.com/sites/brendarichardson/2020/06/17/government-agencies-extend-foreclosure-and-eviction-moratoriums/#46ac3fb326bb

consumerfinance.gov/coronavirus/mortgage-and-housing-assistance/cares-act-mortgage-forbearance-what-you-need-know/

Florida Governor’s Order Clarifies Eviction & Foreclosure Suspension, But Does Not Apply to Commercial Tenants

Posted in Foreclosure Defense | No Comments »

During the coronavirus pandemic, a number of homeowners’ associations (HOAs) have faced questions from residents concerning the issue of having to pay homeowners’ association fees while a number of facilities – such as the pools – have had to close due to the dangers associated with the virus. While some associations may have waived certain HOA fees and/or may be working with residents who cannot cover their fees, there are a number of reasons why HOA fees still have to be paid even during the pandemic. Not only are these fees part of the conditions, covenants, and restrictions that are signed into when one purchases into an association, but they go into a separate budget used for maintenance and improvements

For example, they are paid, in part, to insurance companies, plumbers, power companies, and other vendors. In addition, even if the pools are not used, they still have to be treated, and common areas, such as elevators and lobbies, have to be cleaned. The pandemic has also led some associations to need additional supplies, such as sanitizer and masks, as well as contract for extra cleaning services in common areas. It is also important to remember that associations have to keep in mind how any delinquency rates could affect lenders and thus any potential homebuyers’ decisions to purchase in the area, as this affects the current homeowners in the association.

Reopening Pools

In May, the Community Associations Institute released pool guidelines for associations to follow in an attempt to  balance residents’ needs with government requirements, as well as address questions from HOA board members and managers. In sum:

• Associations should follow the most restrictive state and local orders – as well as CDC social distancing guidelines – in deciding whether or not to reopen a pool. Thus, for example, while Palm Beach County opened community swimming pools, Broward County dictated that they remain closed except for essential services, use in housing developments, or single-family residential lots, under limited circumstances
• A board is within its authority to refuse to open a pool, but if it does, it should first figure out if it is able to follow local health department guidelines and, even if it can, prioritize the health and safety of the residents in ultimately deciding whether to reopen it
• If an association does reopen the pool, it should ensure that all residents that want to use it are in good standing regarding any payments, that no guests are allowed, that anyone who uses the pool brings their own towels, chairs, equipment, etc., that actions are taken to encourage social distancing (such as physical barriers), masks are worn, a security guard is hired to enforce rules, and any concession stands are closed

Contact Our Florida Homeowners’ Association Attorneys

Our Tampa homeowners’ association attorneys provide knowledgeable, proactive legal advice and representation to associations who are in need of legal assistance. With more than 40 years of experience, we have dealt with every possible issue that comes up, and are ready to ensure that things go smoothly. Contact us today at HD Law Partners to find out more.

Resource:

globenewswire.com/news-release/2020/05/15/2034474/0/en/COMMUNITY-ASSOCIATIONS-INSTITUTE-CAI-PUBLISHES-RECOMMENDATIONS-FOR-CONDOMINIUM-AND-HOMEOWNERS-ASSOCIATIONS-TO-SAFELY-OPEN-POOLS.html

sfgate.com/realestate/article/If-COVID-19-Closed-Your-Pool-or-Gym-Can-You-Skip-15307680.php

broward.org/CoronaVirus/Documents/EmergencyOrder20-08.pdf

Florida Supreme Court Enters into Coronavirus Order That Affects Commercial Landlords, Evictions, And Foreclosures

Posted in Homeowners Association | No Comments »