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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 …
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 …
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 …
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 …
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) …
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 …
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 …
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, …
What happens to unpaid assessments owed to the association when a first mortgagee forecloses is the subject of Coral Lakes Community Association, Inc. v. Busey Bank, N.A., 30 So.3d. 579 (Fla. 2d DCA 2010). Many of you may have heard …