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All Posts By Joseph Arena

Things Associations Should Know About Tax Deed Sales

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Every so often associations will unexpectedly receive notice that a tax deed has been applied for in connection with a parcel or condominium unit in the community. Those notices will describe tax certificates, provide a redemption amount, and state the …

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Fiduciary Relationship and the Business Judgment Rule

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Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association …

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Navigating the Complex World of HOA Architectural Control

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What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members?

In the case, Young v. Tortoise Island Homeowners Association, Inc., the court …

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Keeping Your HOA’s Covenants Alive

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The Marketable Record Title Act’s (MRTA) purpose is to extinguish old interests and use restrictions on lands and to allow for land sales to be completed more easily and with less expense. Unfortunately, aged homeowners’ association covenants are amongst the …

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The Role of Impartial Committees in Condominium Elections

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The focus of this article is on impartial committees for the annual election. This committee tallies the votes that were cast and determines the outcome of the election. If selected in advance of the annual meeting by the Board, the …

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Statutory Meeting Requirements

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Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. …

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Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement

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Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents.  Where the terms of a covenant are unambiguous, courts will enforce such restrictions.  However, it is not uncommon for an owner who …

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Absentee Owners and Unoccupied Condominium Units

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In condominium associations throughout the state, it is common for there to be seasonal unit owners who leave their units unoccupied during portions of the year. For associations faced with periodically unoccupied units in multifamily condominium buildings, there are distinct …

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What Associations Need to Know About Homestead

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Article X, Section 4 of Florida’s Constitution protects homestead property from many kinds of forced sales. However, since foreclosures of homestead properties for unpaid association assessment debts and for unpaid mortgage debts occur routinely, it is easy to see how …

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Bankruptcy Basics for Community Associations

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Associations generate nearly all of their funding through fees and special assessments paid by members of the shared ownership community. Some members who fall behind in their financial obligations may look to bankruptcy as a way to address their debts, …

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