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Paying for Emergency Repairs to Florida Condominiums

November 10, 2017 Community Association Industry Legal Blog, Construction Industry Legal Blog

Florida is synonymous with condominium living as a way of life. It’s also synonymous with hurricanes. Hurricanes have largely shaped Florida’s construction industry in that the building code is shaped and modeled after the building of structures that can withstand the storms.  The building code creates certain high wind zones […]

And Your Association Thought Foreclosure was Bad? The Consequences of Tax Sales & Tax Deeds for Community Associations

November 2, 2017 Community Association Industry Legal Blog

It is a scenario familiar to every association: an owner falls behind on his or her assessments and doesn’t get current, and the association initiates the lien recordation and foreclosure process.  However, before the association can foreclose its lien and move the property to foreclosure sale, the mortgagee of the […]

2017 Legislative Update for Florida’s Community Association Laws: Part III

August 17, 2017 Community Association Industry Legal Blog

On July 1st, the 2017 amendments to the Florida Statutes affecting community associations became effective.  The 2017 legislative amendments to the Condominium Act and Homeowners Association Act are substantial.  This post is Part III in a blog series detailing these legislative amendments, and focuses on changes to the law concerning […]

2017 Legislative Update for Florida’s Community Association Laws: Part II

August 9, 2017 Community Association Industry Legal Blog

The 2017 legislative amendments to the Condominium Act and Homeowners Association Act are substantial.  On July 1st, the 2017 amendments to the Florida Statutes affecting community associations became effective.   This post is Part II (click here for part I) in a three-part blog series detailing these legislative amendments and focuses […]

Prohibitions Against “SLAPP” Suits: What Associations and Their Managers Need to Know

August 3, 2017 Community Association Industry Legal Blog

Both the Florida Homeowners’ Association Act and the Condo Act contain prohibitions against so-called “SLAPP” suits; SLAPP stands for “Strategic Lawsuits Against Public Participation”. The condominium anti-SLAPP suit statute is found at §718.1224 and the homeowners’ anti-SLAPP suit statute is codified at §720.304(4).  While these statutes are important for associations […]

Case Law Update: What a Recent Appellate Decision can Tell Associations Seeking Their Attorney’s Fees for Litigation

July 26, 2017 Community Association Industry Legal Blog

Florida’s Third District Court of Appeals recently handed down a decision in the matter of Gonzalez v. Int’l Park Condominium I Association, Inc. that is instructive for associations and their attorneys when associations become involved in litigation and seek payment of their fees from the home or unit owner. The […]

Is Your Master Community Association Actually a Condominium Association Under Florida Law?

July 18, 2017 Community Association Industry Legal Blog

The evolution of planned development communities within the State of Florida has been quite fascinating.  Nowadays, the development of massive communities with abundant and extravagant amenities, numerous planned phases and multiple overlapping associations is common.  Some communities have multi-condominium associations; some have a combination of townhomes, single family HOAs and […]

Maintenance, Repair and Replacement Responsibility Within Your Condominium Association

June 14, 2017 Community Association Industry Legal Blog

Damage to condominium property and the inevitable ensuing argument over the party responsible for the cost of repair is a familiar scenario for many association members.  Unit owners, board members and association managers are often unsure of which entity is responsible for the maintenance, repair and replacement of certain items […]

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