Many task forces were convened in the aftermath of the Surfside tragedy, including one by the Florida Bar. All of those task forces urged the passage of new laws pertaining to reserve funding and engineering. However, the 2022 Legislative Session …
Bay Holdings, Inc. v. 2000 Island Boulevard Condominium Association, Inc.895 So.2d 1197 (Fla. 3d DCA 2005)
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 …
Will Mistake Require A New Election?
Q: I recently lost the election at my condominium by a few votes. Although my name was on the ballot, my resume was not included with the ballot mailout. Doesn’t this require the association to have another election? T.V. …
Bank Information Requests Explained
Q: Our manager recently told the board that there has been a change with “bank requests” and said the board needed to address it. I did not understand what that means or what the changes are. Could you please …
Amendment Votes Questioned
Q: I own a condominium with only 15 units in our association. The declaration for the condominium has never been updated and currently requires a vote of 75% of the all unit owners to change. Because four owners can …
HOA Budget Increase Questioned
Q: I found out my HOA fee went up almost 40 percent without any notice. I want to know why and if it went up for everyone. Can I request more information because I didn’t receive anything? (M.P., via e-mail) …
Ocean Trail Unit Owners Association, Inc. v. Mead, 650 So.2d 4 (Fla. 1994)
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 …
Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?
The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without …
Bulk Telecommunications Contracts
This Article aims to highlight issues the association should consider when looking to change or enter into a new bulk agreement.
Bulk Agreements and the Law
Before discussing specific issues with Bulk Telecommunications Agreements, …