Homeowners’ Associations & Dues
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 ensure that all owners stay current with their dues. The failure to do so could lead to a Pandora’s Box of issues, whereby other owners follow suit and fail to pay dues as well.
Owners Failing To Pay Dues
Most legal documents signed with homeowners’ associations, as well as state laws, allow associations to file liens against owners for failing to pay their dues. Another option for the association is to foreclose on the owner. Regardless of the option pursued, working with an experienced homeowners’ association attorney in your area is necessary, noting that, in most circumstances, the association can also recoup its legal fees for having to file against the owner.
The Law in Florida
Under Florida law, to be valid, a claim of lien must include the parcel description, the name of the owner, the name and address of the association, the assessment (amount) due, and the date it is due. The association must also send the owner notice of their intent to record a lien at least 45 days prior. They must also serve a notice of intent to foreclose on the lien. As previously mentioned, the homeowners’ association can also sue the owner for attorneys’ fees.
Keep in mind that law is different for condominiums, which cannot file the actual lien until 30 days after the notice of intent to file the lien is served on the owner. Consult with your attorney concerning lien priority and the date that the association recorded its Declaration of Covenants, Conditions, and Restrictions.
Owners Withholding Dues
Similarly, owners sometimes wonder what their options are, should their homeowners’ association fail to uphold what’s promised in the legal documents: holding open board meetings, answering questions, etc. However, it is important to note that the law does not generally uphold your right to withhold your dues simply because you are dissatisfied with the homeowners’ association. Typically, any disputes with the association have to be taken up by suing the association, not via withholding your dues. In addition, your contract will sometimes entail what steps should be taken in the instance of disappointment with your association, such as options you might have for recalling specific board members.
Florida Homeowners’ Association Attorneys
At HD Law Partners, our Tampa homeowners’ association attorneys have over 40 years’ combined experience providing knowledgeable, proactive legal representation for various property interests. Contact us today to find out how we can help with your legal questions.
Resource:
washingtonpost.com/realestate/when-some-homeowners-dont-pay-their-annual-dues-whats-an-hoa-to-do/2017/09/06/3ec1f7ee-89bf-11e7-a50f-e0d4e6ec070a_story.html?utm_term=.88c181a35e95
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 in limiting certain types of displays in communities.
When these types of disputes reach litigation, landlords typically file a claim arguing that tenants contractually gave up any free speech rights by their execution of the lease agreement, which bans objectionable conduct; the unreasonable conduct being actions that are unreasonable in character. In the instance of homeowners associations, buyers agree to certain restrictive covenants when they purchase their home, which associations then have the right to enforce.
Landlord-Tenant Dispute over Flag Display
In the most recent case of the man who hung confederate flags outside of his apartment window, the landlord claimed a tenant hanging Confederate flags outside of his apartment windows with a spotlight on them was particularly unreasonable, objectionable conduct in light of the wake of recent activities in Charlottesville, Virginia. Specifically, he claimed that the conduct was prohibited and creates a clear and present danger to the building, its residents, and the community at large, all of whom have expressed fear of physical attack due to the flag display. A rock has already been thrown through the window in response to the flag display, and police have had to patrol the area for the past several days after protesters expressed discontent in front of the building.
Failing To Abide By HOA Restrictive Covenants
Unfortunately, these disputes are rather common: neighborhood squabbles erupt over outside decorations on homes in associations and apartments quite frequently; even over such items as planters and paintings. These types of issues often arise when buyers and renters do not do enough research before moving in. When the community covenant lays down a law on lawn decorations, it has a duty to enforce its restrictions on everyone, equally. Many of these restrictive covenants go into exacting detail on the amount of plant material that can be in a yard, colors that can be used on houses, roofs, and gutters, whether residents can have gazebos, etc.
The first step that an association typically takes is informing residents that they can request a hearing or, if not, they need to address the issue within a specific timeframe. Failing to do so could cause the association to come under attack for negatively affecting another resident’s ability to sell their homes.
Homeowners’ Association & Landlord Attorneys Serving Florida
At HD Law Partners, we represent landlords, homeowners’ associations, and condominium associations who need to enforce requirements in their contracts. Our attorneys provide knowledgeable, proactive legal representation you can count on. We have over 40 years’ combined experience, and the expertise to help ensure your property’s interests and assets are protected. Contact us today to find out how we can help.
Resources:
www.macombdaily.com/article/MD/20170824/NEWS/170829809
nypost.com/2017/08/21/landlord-drops-suit-against-tenant-with-confederate-flags/

The law favors keeping families together as long as it is in the best interest of the child. In this regard, only very specific actions can lead to the termination of parental rights in states like Florida, actions such as:
Written Surrender
Parents can voluntarily execute a written surrender of a child and consent to an order providing custody to the Florida Department of Children and Families. The surrender must be executed before two witnesses and a notary public or other authorized individual.
Abandonment
Abandonment is defined by statute as a situation in which the identity or location of one or both parents is unknown and cannot be ascertained within 60 days.
Safety & Well-Being of Child Threatened
When evidence indicates that one or both parents have engaged in conduct towards their child or other children which demonstrates that the continuing involvement of one or both parents threatens the safety, well-being, or physical, mental, or emotional health of the child, this can serve as grounds for the termination of parental rights.
Incarceration
If the parent of a child is incarcerated for a significant portion of the child’s minor life or the parent is determined by the court to be a violent career criminal, a habitual violent felony offender, a sexual predator, guilty of first or second degree murder, or a sexual battery that constitutes first degree felony (or has been convicted of an offense substantially similar to one of these), or if the court determines that continuing the parental relationship with the incarcerated parent would be harmful to the child and terminating those parental rights would be in the best interest of the child, there can be grounds for the termination of parental rights.
Adjudicated Dependent
If the child has been adjudicated dependent, a case plan has been filed, and the child continues to be abused, neglected, abandoned, or the parent(s) have materially breached the case plan, this can serve as grounds for the termination of parental rights.
Egregious Conduct
The termination of parental rights can also be established if one or both parents have engaged in egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the child or the child’s sibling.
Other Actions
Grounds for the termination of parental rights may also be established under the following circumstances:
- One or both parents have subjected their child or another to aggravated child abuse;
- One or both parents have committed murder, manslaughter, aiding, or abetting the murder, or conspiracy or solicitation to murder the other parent or another child, or committed a felony battery that resulted in serious bodily injury to their child or another child;
- The parental rights of the parent to a sibling of the child have been terminated involuntarily; or
- One or both parents have a history of extensive, abusive, and chronic use of alcohol or a controlled substance which renders them incapable of caring for the child, and have refused or failed to complete available treatment for such use during the three-year period immediately preceding the filing of a petition for the termination of parental rights; amongst various other circumstances.
Contact Our Experienced Divorce & Family Law Attorneys
Whether you are seeking to establish parental rights or terminate them for the welfare of your child, we can help. Contact the office of HD Law Partners to find out about our services.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0039/Sections/0039.806.html

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 because each owner (versus the homeowners association) restores their own unit interior (including cabinets, walls, and floor coverings, as well as other interior finishes).
What Is “Bare Walls Coverage”?
“Bare walls” coverage is a type of insurance coverage purchased by condo or homeowners associations which typically applies to communally-used features in buildings (such as entryways). Associations typically use costs that they charge in HOA fees to cover this type of insurance policy. However, it is the most limited type of coverage that an association can purchase. Individual unit owners are required to purchase their own insurance to cover anything that is damaged within their units (for example, toilets, appliances, etc.).
The alternative type of insurance that an association can purchase is known as full or all-inclusive coverage (also known as “single entity coverage”). This applies to all the property on-site, including the individual units; however, it does not apply to unit owners’ personally-owned items, such as computers, clothing, etc. Single entity coverage is more commonly purchased by associations, as it also covers the cost of property improvements.
Pros and Cons
While some do not necessarily prefer a bare walls system because it has the potential to expose an association to damage if the owner does not obtain proper interior insurance (and thus does not properly restore a unit after water damage), others feel that it is the best way to equitably share the risk of damage to the interior of the property. Otherwise, too much responsibility could fall on the shoulders of the homeowners association and potential claims against its policy, which then raises premiums.
The Importance of Individual HO6 Policies
Regardless of which type of insurance policy your association goes with, individual unit owners should always have HO6 policies. In addition, associations can always obtain a modification or “endorsement” to their policy, which removes floor and wall coverings from its insurance coverage. Ultimately, homeowners associations should always discuss the pros and cons (costs and benefits) of each alternative with both their insurance brokers and legal counsel and each association should tailor their approach to their own individual needs.
Dedicated Homeowners’ Association Attorneys Serving Orlando, Sarasota, and Tampa
HD Law Partners provides the knowledgeable, proactive homeowners’ association legal representation you need. “Bare Walls” Or Full Insurance Coverage for Homeowners Associations: A Discussion Contact us today to find out more about our services.

Many are concerned about the new arbitration rule issued by the Consumer Financial Protection Bureau, which is set to go into effect in September. The rule would prohibit consumers from agreeing to use arbitration to remedy any disputes they have with credit card companies and banks.
As a result, in July, the U.S. Senate Committee on Banking, Housing, and Urban Affairs announced that it will file a Congressional Review Act Joint Resolution of Approval in the Senate, disapproving of the rule. Florida Senator Marco Rubio is one of the original co-sponsors of the resolution expressing disapproval.
Arbitration Clauses in Consumer Contracts
Banks and other financial firms typically include language in consumer contracts blocking individuals from filing class action lawsuits and instead funneling any disputes over credit cards and similar accounts into private arbitration. In this context, arbitration tends to be more cost-efficient and often deters people from filing frivolous lawsuits against credit card and banking companies.
However, if the rule goes into effect, it will allow class action lawsuits against these companies to be filed, enabling additional group lawsuits.
Criticism
Many are concerned that the Consumer Financial Protection Bureau has gone too far and is effectively engaging in lawmaking without involving Congress or oversight from the executive branch. In addition, a study put out by the Bureau in 2015 arguably found that arbitration can be beneficial to consumers; that it can be a fair and successful way of resolving disputes; whereby regulatory efforts to limit its use could actually leave consumers worse off. The regulation could also allegedly have the unintended effect of increasing obstacles for new fintech and peer-to-peer lending startups.
Congress now has the option of using the Congressional Review Act to block the rule from going into effect. Under the Act, Congress has the option to rescind the rule with the majority vote within 60 legislative days after an agency has submitted the rule to Congress.
Some have also suggested that there is an additional method available to kill the rule: The Trump administration could unilaterally strike it down under the justification that it threatens the safety and soundness of lenders. This is because the same Dodd-Frank law that created the Consumer Financial Protection Bureau also provides the Financial Stability Oversight Council with the ability to set aside any rule issued by the Bureau which endangers the stability of the financial system.
Attorneys Working To Protect Corporate Employers and Businesses
If you are a business owner and have questions concerning legal matters with regards to your business or corporation, contact us today to find out how we can help.
At HD Law Partners, our Florida business and corporate law attorneys have over 40 years’ combined experience in representing clients who own a variety of types and sizes of businesses. We are strong corporate advocates, working aggressively to ensure that your company’s interests are protected.
Resources:
Retirement Planning During Divorce

For many who are contemplating a divorce, the thought of what might happen to your retirement savings as a result is beyond harrowing. What’s going to happen to our home, expenses, medical insurance? While these details can sometimes be overwhelming, an experienced divorce attorney who regularly works on family law cases can help advise you on how to plan for the division of retirement assets and properly plan for retiring post-divorce.
Marital Assets
Any property acquired during the marriage is generally considered marital property and subject to equitable division. Property acquired prior to marriage as well as property inherited, acquired after separation, and/or divided via a prenuptial agreement is considered to be non-marital property. However, it is important to be careful about non-marital property that may have been commingled with marital property, as this could also be subject to equitable division.
What about IRAs? 401(k)s?
Individual retirement accounts are generally considered to be marital property and, upon divorce, the non-owning spouse will typically have their portion placed into a new account in their name. However, any IRAs and/or other accounts that existed prior to the marriage, whereby marital funds did not contribute to its growth, may be considered non-marital property.
401(k)s and pension plans are also generally considered marital property unless started prior to marriage and lacking in investment from marital funds. These can be difficult in terms of equitable distribution, however, thus a Qualified Domestic Relations Order is sometimes necessary in order to provide for both spouses upon divorce.
After divorce, it is entirely possible that the portion of your paychecks going into your 401(k) plan will change because you need to meet your expenses somewhat differently. This can be exacerbated by related expenses, such as child care expenses.
General Tips
We suggest that you take the following steps in an effort to better prepare yourself for retirement after divorce:
- Educate yourself more on how retirement assets are divided after divorce;
- Do not give into pressure to quickly give away particular assets in an effort to get the divorce over with. It is sometimes important to negotiate and protect your future. This is especially the case when it comes to forgoing retirement benefits for, say, the family home which, in some circumstances, may not be the best financial choice;
- Work with an experienced divorce attorney to help value your marital retirement assets;
- Consider the tax implications of every choice;
- Find out if you qualify for spousal benefits; and
- Ensure that you and your attorney obtain a Qualified Domestic Relations Order for any qualified retirement plans that will be divided upon divorce.
Consult With an Experienced Florida Divorce Attorney
Divorce can have a substantial impact on couples’ retirement plans, especially if they’ve been married for a number of years. If you are in the process of getting divorced, it is critical that you consult an experienced divorce attorney to help provide you with guidance in protecting your assets.
The experienced Florida divorce lawyers at HD Law Partners provide the very best in legal representation in family law cases here in Florida. Contact us today.
Resource:
forbes.com/sites/lawrencelight/2017/07/24/does-divorce-derail-retirement/#24cca3053a59
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 of the lease refers to what extent the tenant and/or landlord is able to possess the premises in peace without disturbance by others. In other words, it’s the right to undisturbed use, and if it isn’t expressly spelled out with the specifics in the lease, it is automatically implied by the courts. This means that if the landlord “interferes” with this quiet enjoyment in any way, this can provide the tenant with the right to withhold rent and, in some circumstances, even terminate the lease itself.
The Right to Modify & Negotiate
One thing you will notice is that, even though this covenant is implied, it is usually written into every lease. This is because both parties (landlord and tenant) always retain the right to modify the condition and enforcement of this covenant by the tenant. Thus, when it does appear in a lease, its purpose is typically to restrict the conditions of the tenant’s rights. While this typically looks like language referring to a tenant’s requirement to pay rent and perform all of their lease operations before they enjoy quiet enjoyment against the landlord, contract law actually allows for two parties to contract to pretty much anything as long as it’s legal; thus, a landlord has a significant amount of leeway in building flexibility into this provision in the lease if need be.
Absent certain circumstances warranting ignoring carefully crafted covenants like these, the courts will not modify or default in spite of these negotiated terms. Thus, negotiating carefully and writing well are very important for Florida landlords.
Be Aware of the Fair Housing Act
As a landlord dealing with the issue of quiet enjoyment, you may at one point or another also deal with a tenant asking you for a reasonable accommodation in moving either themselves or another tenant, particularly in instances of noise complaints. Note that the Fair Housing Act prohibits discrimination by landlords, real estate companies, and similar entities to make housing unavailable to people due to race, religion, sex, national origin, familial status, or disability. Thus, for example, evicting families with children due to noise complaints could violate the law in terms of family discrimination prohibitions.
Attorneys Representing Property Owners in Tampa, Orlando, and Sarasota, Florida
If you are a property owner or landlord in need of legal assistance, our landlord/tenant attorneys are here to help. At HD Law Partners, we have been representing and providing legal advice to property owners throughout Florida for over 40 years combined. Contact us today to find out more.
Resource: https://newsok.com/article/5556192
5 Steps to Filing Your Insurance Claim

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 home suffers damage, you will want to make a claim. Depending on the cause of the damages and the type of damages your home suffers, your insurance company will be able to provide coverage based on the kind of policy you have. It is important that you take photographs of your personal belongings and home to document the condition of your home and the presence/existence of those belongings.
Your Claims Process May Be Different Depending On The Type Of Claim
Was it flood, wind, rain, loss of use, emergency mitigation? Or maybe temporary repairs? Hopefully in all of these cases, especially if your home suffered catastrophic damages, by using these steps you will be ready to get your claim settled quickly and get the help you deserve from your insurance company. Here are the 5 basic steps in filing an insurance claim.
Step 1- Contact a Claims Professional
It is always best to have another person take down the details of the damage or incident. You will probably be shaken up following damage to your home and property and may not be in the best position to assess what has happened. In a worst case scenario, a claims professional can ensure your physical safety and well being. They can assist with serious damage, temporary repairs and dangerous damage like leaking fuel or gas.
After the fact, you will have a report or documentation to substantiate your insurance claim.
Step 2 – Collect Information You Need About the Damage and Claim
Having your insurance policy and damage report ready will help you keep track of the information you will need to file the claim. It is important to document and photograph the details of the damages and be ready to provide them to the insurance company.
Step 3 –Call Your Insurance Company Right Away
Call you insurance company from the scene of the damage if you can. They will walk you through the next steps and tell you what you need to send them.
If your house is not liveable, they will let you know how to make alternative arrangements. If you don’t call them, so that they can help you understand your coverages, you won’t know how they can help and you may end up spending more money than you need to.
Once you have called your insurance company, they will open the claims file and you can expect the following steps in the claim process:
Step 4 –A Claims Specialist Gets Assigned to Your Claim
Once your claim is reported to your car insurance company, they will assign a claims professional, like an adjuster to work on your car insurance claim. The claims professional assigned to you is there to answer any questions you have, so don’t be afraid to ask your questions, including about when your payment will be made and what to expect.
Step 5 –Getting Your Home Fixed and Claim Payment
Once the adjuster has done all their research you should have an estimate of the cost to repair, as well as whether you have a deductible to pay, and how the claim will play out. Carefully review the estimate and proposed payout. You should consult an expert as to whether the estimate and payout will be sufficient to repair your home. If you experience difficulty in the claims process you should consult with an experienced attorney.
The attorneys at HD Law Partners have experience with assisting homeowners with their insurance claims. Should you or someone you know require assistance with their insurance claim, telephone the attorneys at HD Law Partners.

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 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.
Changes to Estoppel Certificates & Fees
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.
Other Changes
In addition, House Bill 398 technically amends Florida statutes 718.116, 719.108, and 720.30851 to:
- Require that a condo homeowners’ association designate a street or email address on its website for estoppel certificate requests;
- Specify delivery requirements for estoppel certificates;
- Authorize that estoppel certificates can be completed by specific persons;
- Require that certificates contain very specific information;
- Provide an effective period an estoppel certificate (based upon the date of issuance and form of delivery);
- Prohibit associations and condos from charging preparation and delivery fees and/or making certain claims if they fail to deliver the certificate within a certain timeframe;
- Revise fee requirements for preparing and delivering certificates under certain conditions;
- Authorize the statement of moneys due to be delivered in certificates under certain circumstances; and
- Require that the authority to charge a fee for certificates be established by a specified written contract or resolution.
Reach Out to Our Experienced Florida HOA/Property Management Lawyers
Estoppel certificates are incredibly important to condominium and homeowners’ associations in preserving and enhancing the marketability of property. They ultimately affect the ability for landlords to sell property and secure financing because they are typically presented to the buyer or lender during its diligent review of the property itself.
At HD Law Partners, our Orlando, Sarasota, and Tampa homeowners’ association attorneys provide knowledgeable, proactive, experienced legal representation for both homeowners’ associations and condominiums when it comes to estoppel certificates and many other issues. We ensure that you get the prompt, professional legal service you deserve. With over 40 years’ combined experience, our lawyers have the skill to help ensure your property’s interests and assets are protected. Contact us today.
Resource:
flsenate.gov/Session/Bill/2017/398

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 20th 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.
Of all the various age groups, acceptance of divorce has grown the most over time amongst older Americans, age 55 and older; Specifically, it increased from 57 percent between 2001 and 2004 to 71 percent between 2015 and 2017. These shifts—society finding divorce to be more and more morally acceptable as the divorce rate noticeably decreases—are also indicative of larger patterns regarding society and marriage. Americans—especially young adults—are more likely to live together than get married, and delay getting married altogether as well.
Embracing Divorce
Huffington Post featured an interesting article on July 6th concerning embracing—not just accepting—your divorce. The definition of “embrace” implies not just acceptance, but support with a willingness and enthusiasm. According to the article, embracing your divorce involves taking time to reflect on your marriage and the relationships that led to it, allowing you to dig deep into your past and find patterns; patterns that you may want to break in moving forward. The article implies that the best way to find contentment after your divorce is to work on yourself before dating again, rediscovering who you are as an individual and what kind of person you enjoy spending time with.
Contact Us for Advice
If you live in Florida and are dealing with divorce, contact us at HD Law Partners for a free consultation to find out how we can help. Simply having legal skill by your side during the process can make things easier in helping you move forward with the rest of your life.
Resources:
gallup.com/poll/213677/divorce-rate-dips-moral-acceptability-hits-new-high.aspx
huffingtonpost.com/entry/have-you-embraced-your-divorce_us_595cd486e4b0326c0a8d13d5

