[mc4wp_form id="5389"]

Article

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

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 vagrants and were left to deteriorate, risking damage to the common elements or adjoining …

Share this article

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

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 older condominium sitting in a prime location may want to terminate and sell out …

Share this article

Responsibility For Repairs After A Hurricane Or Storm

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 whether the association will need to look towards its Declaration of Condominium or to …

Share this article

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

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 promote the welfare of the community, The Condominium Act provides for personal liability if …

Share this article

Legal Decisions Which Could Affect Your Community

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 and conditions. A lis pendens is a publicly recorded notice on real estate documenting …

Share this article

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

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 in Florida. Not surprisingly, Florida courts have addressed this issue and have carved out …

Share this article

Problem Parking in your Community Association?

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 move into these communities with three, four and sometimes five cars in tow. In …

Share this article

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

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. In other words, the Association is not responsible for disputing the validity of the …

Share this article