Blogs & Resources

When properties within a condominium association are purchased, the purchaser is bound by the association’s governing documents, which can include the declaration, bylaws, articles of incorporation, and rules and regulations. When unit owners violate those governing documents, associations have certain remedies available to it under the Florida Condominium Act. Specifically, Section 718.303, Florida Statutes, provides those remedies and also the procedures that associations must follow to enforce them. This Blog post provides an overview of the statutory remedies available to condominium associations, along with the required procedures that associations must follow to ensure they do not violate the Florida Statues while attempting to enforce their own rules and regulations.

Are you a commercial property owner or a contractor that builds commercial projects in Florida? Or maybe you are an architect or engineer that designs commercial projects in Florida? If so, have you ever wondered who is liable for personal injuries caused by defective construction on commercial property? Generally, the answer lies within the Slavin Doctrine and its application to the facts at hand.

Section 718.111(12) of the Florida Condominium Act and Rules 61B-22.002, 61B-22.003(3), 61B-23.002(7) and 61B-23.0021(13) of the Florida Administrative Code provide guidelines for the maintenance and inspection of the association’s official records. Part 1 of this 3 part blog identified what records constitute official condominium association documents. This posting will identify what documents are specifically exempt from association official records.

Section 718.111(12) of the Florida Condominium Act and Rules 61B-22.002, 61B-22.003(3), 61B-23.002(7) and 61B-23.0021(13) of the Florida Administrative Code provide guidelines for the maintenance and inspection of the association’s official records. This blog post will identify what constitutes association official records, what records are exempt and procedures for requesting and responding to official records requests.

On September 20, 2013, Florida’s Second District Court of Appeal issued an opinion in the case of Cricket Properties, LLC v. Nassau Pointe at Heritage Isles Homeowners Association, Inc. This opinion is of great importance to all community associations across the state of Florida as it concerns an association’s ability to enforce liens for unpaid assessments when there has been an issuance of a tax deed on the subject property. According to Florida’s Second DCA, an association lien for unpaid assessments does not survive the issuance of a tax deed. Cricket Properties, LLC v. Nassau Pointe at Heritage Isles Homeowners’ Ass’n Inc., No. 2D12-6194 (Fla. 2d DCA 2013).

A concern regarding the cleanliness of our water supply is not a new issue. Litigation revolving around the cleanliness of our water supply is increasing daily thanks in part to hydraulic fracturing. Hydraulic fracturing—often referred to as “fracking” or “hydrofracking”—and horizontal drilling are not new ways to produce oil and gas; the use of hydrofracking has simply increased recently. Hydrofracking was first tested in 1903, and first used commercially in 1948. By 1988 hydrofracking had been applied to one million wells, and currently about 35,000 wells per year experience some measure of hydrofracking. As the use of hydrofracking has increased so have the concerns, resulting in an increase in related litigation. Part of the explanation for the increased hydrofracking litigation is because fracking is now being used in jurisdictions that are not familiar with oil and gas drilling. A majority of the litigation revolves around concerns of the potential effects on groundwater and chemical composition of the liquids used in hydrofracking, but property, tort, and contract claims have grown exponentially in relation to hydrofracking. This Blog post seeks to explore the top 5 hottest legal issues in hydraulic fracturing litigation.

Florida’s condominium associations have been delegated authority by the Florida legislature to create and enforce their own bylaws so long as they do not conflict with the Florida Statutes. There are some provisions, however, that associations have no say in and those provisions must be included in their bylaws. These are found in Section 718.112, Florida Statutes. This blog post focuses on a few of those required provisions concerning board of administration meetings.

Many unit owners of properties within Florida’s condominium associations fail to realize that when they gain title to that property they are subjecting themselves not only to the Florida Statutes governing such associations but also to the association’s own rules and regulations. Moreover, many tenants, lessees and other occupants of association properties also fail to realize they are subject to such laws, rules and regulations by contracting to reside on the premises. Section 718.303, Florida Statutes, makes clear the obligations of unit owners and their tenants and provides for the remedies available to associations when such occupants break the rules. This blog post will provide a brief overview of Florida law concerning this issue.

There is a new trend rising within condominium and homeowners’ associations across the country, including Florida: online association voting. The reason for this trend is simple – it solves two major problems that associations constantly face: 1) the expense of utilizing physical forms; and, 2) poor voter turnout among the associations’ members. Online voting for associations takes the hassle out of the voting process, which improves overall turnout. It appears that allowing association to perform online voting seems a no-brainer. However, not every state legislature has kept pace with technology in this area of law. Florida is one state in which the law is lagging technology as Florida law is currently silent on the issue of association online voting. This presents a problem for a Florida association that wishes to improve the experience of its members while also ensuring it is abiding by the law.

On September 25, 2013, Florida’s Second District Court of Appeal issued an opinion regarding a very familiar topic in Florida – a plaintiff’s standing to file and maintain a foreclosure action. In Focht vs. Wells Fargo Bank, the Second DCA upheld the long-established precedent that a plaintiff in a foreclosure action must prove that it had standing at the time it filed the foreclosure complaint in order to maintain the action. 2013 WL 5338048 (Fla. 2d DCA 2013). If plaintiff lacks standing at inception, the defendant can have the case dismissed via summary judgment proceedings. Id.