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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Case Law & Court Rulings

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Condo Boards’ Access to Unit Limited by Court Decisions

Posted in Case Law & Court Rulings, Fiduciary Duty of Board of Directors

Two recent cases decided by Florida’s Fourth District Court of Appeal impose conditions on access to individual units by condominium association boards.  The statute provides the association with the irrevocable right of access.  Section 718.111(5), Florida Statutes says:   RIGHT OF ACCESS TO UNITS.  The association has the irrevocable right of access to each unit… Continue Reading

Condo Association Can Revoke License to Park

Posted in Case Law & Court Rulings

A recent case demonstrates how important it is to carefully consider what documentation to use in connection with allocation of the use of parking spaces.  In Keane v. The President Condominium Association, Inc., the court sided with the association after it revoked a parking license. Here the unit owner, Mr. Keane, paid the association $5,000… Continue Reading

Condo cannot collect safe harbor from mortgagee after foreclosure

Posted in Assessment Collection, Case Law & Court Rulings, Foreclosures, Safe Harbor

Court explains “safe harbor” and says: “individualized charges, such as interest, late fees, collection costs and attorney’s fees do not fit within the statutory or common sense understanding of “regular periodic assessments” A little more than a year ago there was a huge debate over the interpretation of the “safe harbor” language in §718.116, Florida… Continue Reading

Condo Cannot Collect Past Due Amounts from Investor After Foreclosure

Posted in Assessment Collection, Case Law & Court Rulings, Foreclosures, Owner Payment Responsibility

   Association becomes liable for past due assessments upon  acquisition of title. According to Bankrate.com., in 2012 it took an average of 382 days for a lender to complete a mortgage foreclosure in the United States.  However, that statistic includes states with the non-judicial foreclosure procedures and states that have very few foreclosures. Florida is not one of… Continue Reading