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

Tag Archives: condominium law

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

Screening potential purchasers or tenants in Broward County

Posted in Discrimination/Fair Housing, Land Use and Government Issues

A proposed change to the Broward County Human Rights ordinance impacts how your association will process applications for transfer (sale or lease) approval. Compliance with federal, state and local fair housing laws is mandatory and thus community leaders must become familiar with what the law prohibits. The Broward County Human Rights Ordinance prohibits discrimination in… Continue Reading

New Foreclosure Law Benefits Condos & HOAs

Posted in Foreclosures, Legislation

Gov. Rick Scott signed House Bill 87 on Friday.  The new law takes effect immediately and is intended to speed up the foreclosure process.  Yeline Goin’s take was published by the local newspaper in Tallahassee.  Read the article by clicking below: Yeline Goin: Foreclosure bill offers benefits for associations.  

HUD issues memo to housing providers regarding service animals and assistance animals for disabled persons

Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

 Fair Housing accommodation cases receive a lot of press.  It seems like there are more and more cases all the time, most of which are resolved at the investigative/agency level than actually filed in court or go to trial.   HUD issued a memorandum reminding housing providers of their obligations pursuant to the federal laws with… Continue Reading

Property Managers not immune from claims by owners.

Posted in Liability

Claims are brought against community associations and community association managers (CAMs) all the time for various complaints relative to the maintenance, management and/or operation of the community. If you are reading this you probably already know that these kinds of lawsuits seem to be on the rise. Did you know that subtle distinctions in the… Continue Reading

Condo Associations & HOAs Losing Millions Nationwide

Posted in Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors

According to recent reports, more than 1.2 million worthless checks enter the banking system every day in the United States.  Check fraud losses account for more than 20 billion dollars per year and the number of cases is increasing by approximately 25% each year. I know from my own experience with community associations that fraud,… Continue Reading

Preeminent Regional Law Firm Joins Becker & Poliakoff

Posted in Uncategorized

Becker & Poliakoff announced today that Cornett, Googe & Associates, P.A., a Stuart, Florida-based law firm that represents more than 300 community associations as well as businesses, individuals and professionals throughout the Treasure Coast, is joining Becker & Poliakoff. Effective October 1, the attorneys and staff of Cornett, Googe will become part of the Becker… Continue Reading

Citizens’ Property Insurance – Higher Deductibles & Less Coverage

Posted in Insurance

If you have insurance through Citizens’ Property Insurance Corp. then you need to know this information. Can you imagine having a 10% insurance deductible for hurricane claims?  For homeowners that means if you have $300,000 of coverage you have to cough-up the first $30k before you are entitled to any insurance proceeds. For associations its even worse… Continue Reading

Mortgage Termination Lawsuits Do Not Give Associations Clear Title

Posted in Assessment Collection, Foreclosures

  The largest title insurance company in Florida (Attorneys’ Title Fund Services, LLC, also known as “The Fund”) recently published an opinion by its underwriting counsel cautioning attorneys and title insurance companies against closing and insuring any transaction where the association’s title was obtained through a “mortgage terminator” lawsuit. What is a “mortgage terminator” lawsuit?… Continue Reading

Failing to Handle Requests for Reasonable Accommodations (Emotional Support Animals) Appropriately has Consequences

Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

The case against a condo association in Century Village reported by the Sun-Sentinel prompted me to alert readers of the consequences associated with violations of state and federal fair housing laws. If you aren’t familiar with the case click HERE for the most recent article.  In short, Broward County filed a lawsuit against the condominium association for discrimination and… Continue Reading

What happens if you buy a brand-name condo and the brand name backs out?

Posted in Developer Obligations

Big prestige brings big money – at least that what developers hoped for when marketing some fabulous projects (or projects that were supposed to be fabulous) in South Florida, Las Vegas, New York and other high profile places.  Buyers rushed to put down deposits on condominiums in the Canyon Ranch building, the Jorge Perez/George Clooney building, the new Trump… Continue Reading

What Rules and Regulations are Enforceable?

Posted in Covenant Enforcement/Violations, Operations

I am often asked by readers whether guest restrictions are enforceable. Residents often want to know whether the Association can require them to notify management when guests arrive or whether it is appropriate to require guests to register with the Association. The answer to these questions is, almost inevitably, “it depends”. Readers are not usually… Continue Reading

Has Your Association Updated its Frequently Asked Questions & Answers Disclosure?

Posted in Official Records, Operations

The Florida Condominium Act requires both developer-controlled associations and unit-owner controlled associations to prepare a “Frequently Asked Questions and Answers” (commonly referred to as a “Q&A Sheet”).  The Q&A Sheet must include information: regarding unit owners’ voting rights; unit use restrictions, including restrictions on leasing of a unit; indicating whether and in what amount the unit owners… Continue Reading

HUD Proposes Rule to Prohibit Housing Discrimination Based on Sexual Orientation or Gender Identity

Posted in Discrimination/Fair Housing

Associations, community leaders and managers are often the target of housing discrimination claims.  It is against Florida law to discriminate against anyone with respect to sale, rental or terms and conditions of housing based upon race, color, national origin, sex, handicap, familial status or religion. New HUD rules would expand the categories of persons entitled… Continue Reading

Someone’s knocking at the door- do you let them in?

Posted in Operations

In our litigious society, lawsuits are just a part of life. Whether its a foreclosure, divorce, business dispute, credit card debt, injury claim from a traffic accident or otherwise, its likely that several of the residents of your community are and will be involved in lawsuits from time to time. When a lawsuit is filed, the Clerk of… Continue Reading