The importance of how language is drafted in covenants is at the heart of THIS CASE. Heath, a resident of Bear Island and as such a party to the Declaration of Covenants and Restrictions (“Declaration”), filed a lawsuit for injunction …
Bay Holdings, Inc. v. 2000 Island Boulevard Condominium Association, Inc.895 So.2d 1197 (Fla. 3d DCA 2005)
Jay Roberts
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Limitations on the judicial interpretation of statutes is at the heart of THIS CASE. Bay Holdings, Inc. was a wholly owned subsidiary of Bank United FSB. Bank United FSB foreclosed its first mortgage on a condominium unit within 2000 Island …
Ocean Trail Unit Owners Association, Inc. v. Mead, 650 So.2d 4 (Fla. 1994)
Jay Roberts
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The independent covenant to timely pay assessments is at the heart of THIS CASE. Condominium unit owners brought action against condominium association, seeking declaration that association’s $500 special assessment was unauthorized. The trial court approved the assessments, and the owners …
Heron at Destin West Beach & Bay Resort Condominium Association, Inc v. Osprey at Destin West Beach and Bay Resort Condominium Association, Inc.
Jay Roberts
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Hierarchy amongst documents which govern a community association is at the heart of THIS CASE. The primary dispute which ignited this litigation concerned how the president would be chosen for the master association board of directors. The master association board …
Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.
Jay Roberts
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The ability for condominium associations to terminate certain contracts using a statutory procedure is at the heart of THIS CASE. In 2002, Comcast of Florida, L.P. (“Comcast”) entered into an agreement with the condominium developer (on behalf of the Association) …
Brown v. Rice
Jay Roberts
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The ability (and limitations) on transferring limited common elements is at the heart of THIS CASE. The declaration of condominium at issue specifically described the garages as limited common elements and gave the developer the authority to assign garages. The …
Enegren v. Marathon Country Club Condominium West Ass’n, Inc.
Jay Roberts
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Whether an association can be equitably estopped from enforcing certain restrictions is at the heart of THIS CASE. In January 1985, the board for Marathon Country Club Condominium West Association, Inc. (“Association”) adopted a set of rules and regulations which …
My Association is Responsible for What?!? The Good, Bad, and Ugly of Contractual Indemnity
Jay Roberts
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“Indemnity” is a legal term of art which stands for the right of a party to claim reimbursement for its loss, damage, or liability from another party who has such a duty. Ordinarily, the duty to indemnify arises through express …
Klinow v. Island Court at Boca West Property Owners’ Association, Inc.
Jay Roberts
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Amending maintenance obligations in a homeowners’ association’s declaration of covenants is at the heart of THIS CASE. In 2007, the Association proposed a beautification project which involved replacing driveways and sidewalks at the owners’ expense. As part of the plan, …
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