Blogs & Resources

Determining the correct forum for any given dispute involving a Florida condo association or HOA can be confusing. Often times the board members, licensed managers and unit owners are unsure of where a dispute will be resolved if a party initiates formal legal action. Florida’s Condominium Act and HOA Act govern the procedures for community association disputes, and both Acts include arbitration, mediation and state court for resolving various issues. This blog post will provide an overview of the appropriate forum for both condo associations and HOAs to resolve certain disputes in Florida.

When deciding whether to pursue legal action, a condominium association board of directors may ask “can we recover the attorneys’ fees?” The good news for associations is that Florida Statutes and the governing documents of the community provide entitlement to the recovery of attorneys’ fees in many legal actions. The bad news is that this recovery is not without limitation. This blog will explore limitations on the recovery of attorneys’ fees and the provisions that may be important to include in the governing documents for the community.

Whether due to economic hardships, mismanagement, unforeseen circumstances, or even fraud and breach of fiduciary duty, a condo or homeowners association may find itself in desperate need of help.  Additionally, properties that have been neglected may also be running afoul of local code compliance regulations or may be so far […]

In Florida, one of the most attractive and desirable features of waterfront property is the incredible view. Concerning waterfront property ownership, it can be difficult to distinguish where your private land rights cease, where your neighbor’s private land rights begin, and the rights of the State with sovereign submerged land […]

Special assessments, under the Florida Condominium Act, are those assessments imposed against condominium unit owners, other than those assessments required by the association’s annual budget. See 718.103 (24) of the Florida Statutes. Regular assessments, on the other hand, are fees collected from condominium unit owners for the payment of common expenses of the association. See 718.103 (1) of the Florida Statutes. If a condominium board votes to pass a special assessment, such a decision will be subject to the business judgment rule. See Cedar Cove Efficiency Condominium Association, Inc. v. Cedar Cove Properties, Inc., 558 So. 2d 475 (Fla 1st DCA 1990). If that judgment is properly exercised, a Florida court will not supplement its judgment for that of the board.

Ownership of waterfront property is particularly desirable in Florida and often involves unique real property considerations.  It is often difficult to distinguish where the private land rights cease and the sovereign land ownership begins.  As a result, a subset of real property law has emerged to address what is called […]

“Who is going to fix this?” and “Who is going to pay for this?” These are common questions facing unit owners and associations when condominium property needs repair. The answer will most likely be found in the condominium declarations, which typically describe the boundaries of each unit. But sometimes the declarations fail to adequately describe those boundaries; and the fine line delineating who is obligated to repair becomes indiscernible and worse, debatable. This is especially true when describing windows, doors, sliders and skylights in the associated with the condominium unit. Because the materials used are exposed to both the inside and outside of each unit; the condominium declarations must be very clear where the unit owner’s interest begins, and also where it ends. This post provides a brief overview of the Florida condominium association’s obligation to repair and maintain windows under Florida law.

A Florida condominium association believes a unit is abandoned and is worried about the condition of the unit. The association also wants to collect assessments or rent but a there is a superior lienholder, like a first mortgage on the condominium unit. Section 718.111(5), Florida Statutes, provides Florida condominium associations some authority to inspect, maintain, and even lease the abandoned condominium unit.

Contractors, developers, owners, and anyone involved in the construction and design industry must be aware of the time periods for bringing suit to enforce construction and design related claims. Florida law has various limitations periods for filing of lawsuits. 95.11 Florida Statutes. These time periods are referred to as the statutes of limitation. If a lawsuit is not filed during the requisite time periods, the claim is deemed to be time barred.

This blog post is part V in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. Part I explained that associations have the statutory power to expedite the foreclosure process when lenders are delaying and illustrated that by implementing a consistent policy for appearing in lender foreclosure actions and expediting the legal proceedings, associations can save tens of thousands of dollars over the years. Part II addressed the unclaimed revenue in the form of foreclosure sale proceeds that associations fail to capitalize on when not appearing in lender foreclosure actions. Part III demonstrated that appearing in lender foreclosure actions allows associations to better determine if the foreclosing entity is entitled to Safe Harbor protection or not, and Part IV discussed ensuring the lender immediately begins paying assessments after taking title, including when it is worth pursuing the prior homeowner for the remaining unpaid assessment balance. This fifth and final post in the series explains when an association should initiate its own foreclosure action depending upon the status of the lender’s action.