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Category – Community Update Articles

What’s New With Official Records?

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The Condominium Act (“The Act”) has a catchall provision which essentially provides that “other written records” related to the operation of a condominium are considered official records of an association.  In 2017, the Act underwent some changes as it pertains …

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Stopping the Limitations Clock in Bank Foreclosures – Bartram v. U.S. Bank

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Associations across Florida have anxiously awaited the Florida Supreme Court’s decision in Bartram v. U.S. Bank Nat. Ass’n, 2016 WL 6538647 (Fla., November 3, 2016).  While the underlying facts in Bartram are somewhat convoluted, the …

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The Association Foreclosed On A Delinquent Owner. Is The Mortgagee Entitled To The Rental Income?

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Condominium and Homeowner Associations are never anxious to take on properties abandoned by owners.  Yet with the mortgage crisis many properties were left vacant for years.  In the interim, unpaid assessments continued to accrue and the properties were ripe for …

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Borrowing Money

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As buildings age, repairs become necessary.  For associations that have not funded reserves, money will be in short supply, leaving two possible options depending on what is permitted under your governing documents:  special assess and/or borrow money from a bank. …

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MyCondoNeedsAWebsite.com

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In less than a year, condominium associations with 150 or more units (that do not manage a timeshare) will be required to have a website for the purpose of posting digital copies of certain official records so members can access …

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This Is The End. . . Or Is It?: Retroactive Application Of The Amendments To The Condominium Act Relating To Termination

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In some instances, unit owners in a condominium association may collectively decide that it would be better to “end it all” and terminate the condominium rather than continue on with the condominium form of ownership. Perhaps the owners in an …

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Responsibility For Repairs After A Hurricane Or Storm

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Given the especially active and devastating 2018 hurricane season, it is helpful to remember how condominium associations should proceed with repairs to the condominium property after a hurricane or other storm event. The first determination that must be made is …

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Conflicts of Interest – Is it time for a new Code of Conduct?

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It has always been the obligation of Board members to serve for the benefit of the entire community.  Doing so requires that they carry out their duties in good faith with the care of ordinarily prudent people.  To safeguard and …

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Legal Decisions Which Could Affect Your Community

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Many community associations do not have an absolute right to approve or disapprove of prospective purchasers; but instead the governing documents give them a right of first refusal to assign a sales contract to another purchaser on the same terms …

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The (Tree) Root of the Problem: Who Is Responsible When Tree Roots and Branches Cause Damage?

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They say good fences make good neighbors. But trees, on the other hand, have been known to strain the relationship between neighbors. Damage and disruption amongst neighboring lot owners, caused by tree roots and branches, is a very common problem …

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Problem Parking in your Community Association?

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It really shouldn’t come as a surprise that older multifamily communities in Florida (and elsewhere in the country) have serious parking problems these days since those communities were built decades ago when families used fewer cars.

Today, people …

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The Association Was Served With A Writ Of Garnishment For An Employee/Vendor…Now What?

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If the garnishment concerns a judgment against an employee/vendor of the Association, then the Association’s only concern is with ensuring that it is properly withholding from distribution to that employee/vendor the portion of the payment which is subject to garnishment. …

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