1 02, 2018
  • statutory construction deficit

Florida Supreme Court Holds Statutory Construction Defect Notice is a “Suit” Under Commercial General Liability Policy

Arias Bosinger|

Homeowner and condominium associations received a favorable ruling from the Florida Supreme Court, which may improve resolution of pre-suit construction litigation. Construction defect claimants are now far more likely to enjoy earlier participation by insurance companies in the pre-suit resolution process.

United States Court of Appeals for the Eleventh Circuit certified the following question to the

14 09, 2017

Hurricane Irma Hit – Now What?

Arias Bosinger|

We were just hit by the biggest storm in Florida’s history.  Although there is damage, you are grateful everyone is safe and comforted by knowing that you have insurance. But, did you know that you are responsible to prevent additional damage and if you don’t mitigate then it could get very expensive?

Failure to mitigate post-storm

3 02, 2017
  • medical marijuana

What Impact Will Medical Marijuana Amendment to Florida’s Constitution Have on Community Associations?

Arias Bosinger, Community Association, Legislation|

Many states have placed the legalization of medical marijuana on their ballots in recent years and Florida is no different. A measure legalizing medical marijuana failed in Florida in 2014, gaining only fifty-eight (58%) percent of the vote. However, this past November, Florida voters overwhelmingly approved Amendment 2 which legalized medical marijuana. Seventy-one (71%) percent

16 01, 2017
  • reserve funding

Court Decision Clarifies HOA Developer Reserve Funding Obligations

Arias Bosinger, Community Association, Real Estate Law, Tenant/Landlord|

Last month, Florida’s Fifth District Court of Appeals issued yet another opinion in Mackenzie v. Centex Homes, by Centex Real Estate Corp., Case No. 5D16-1254 (Fla. 5th DCA, December 22, 2016) reinforcing that a developer is obligated to contribute money to an association’s statutory reserve accounts prior to turnover, even when the developer has chosen

2 01, 2017
  • airbnb rentals

How Condominium Associations Can Deal with Airbnb Rentals

Arias Bosinger, Community Association, Tenant/Landlord|

Online third-party rentals have become quite popular in recent years. Many unit owners see these companies as an opportunity to bring in additional income by renting out their unit on a short-term basis, sometimes even just for a weekend.

Most condominium communities do not want short-term rentals of units. Short-term rentals can reduce property values, impair

16 12, 2016
  • safe harbor

Rare Safe Harbor Victory for Homeowner Associations

Arias Bosinger, Community Association, Legislation, Real Estate Law|

In the case of Federal National Mtg. Ass’n. v. Mirabella at Mirasol HOA, Inc., Case No. 4D 15-4792 (Fla. 4th DCA, November 23, 2016), Florida’s Fourth District Court of Appeal relied on specific language in the Homeowner Association Act’s safe harbor section to rule in favor of a homeowner association over Federal National Mortgage Association (“FNMA”) in

2 12, 2016
  • community associations

New HUD Neighbor to Neighbor Discrimination Regulations Impact Community Associations

Arias Bosinger, Community Association, Legislation, Real Estate Law, Tenant/Landlord|

On September 13, 2016, the U.S. Department of Housing and Urban Development (“HUD”) released final regulations that change how the Federal Fair Housing Act (“Act”) is applied to quid pro quo and hostile environment housing claims within community associations. The new rules, some of which went into effect on October 14, 2016, affect what community

15 11, 2016
  • foreclosure

There are No Freebies in Life – Florida Supreme Court Declares Statute of Limitations Does Not Bar Banks From Foreclosing Mortgages

Arias Bosinger, Community Association, Real Estate Law, Tenant/Landlord|

In a highly anticipated ruling, the Florida Supreme Court has finally settled the issue of whether the statute of limitations bars a lender from foreclosing a mortgage more than five years in default. In Bartram v U.S. Bank National Association, Case No. SC14-1265, (Fla. November 3, 2016), the high Court was deciding whether to uphold

2 11, 2016
  • hoarding

Handling Hoarding in a Condominium Community

Arias Bosinger, Community Association, Real Estate Law, Tenant/Landlord|

Hoarding is becoming an increasingly common disorder that carries serious consequences for the afflicted, their family, and neighbors.  Hoarding has the potential to attract rodents, create fire hazards, and can threaten the health of occupants. While hoarding is dangerous for anyone, it is especially problematic for condominium associations where residents live so close together. Rather

17 10, 2016
  • ham radio

Compromise on Ham Radio Legislation Offers Satisfactory Resolution

Arias Bosinger, Community Association, Legislation, Real Estate Law|

A bill that was recently brought before the U.S. House of Representatives is seeking to limit the amount of control community associations have over amateur radio operators. However, a compromise was reached between a prominent lobbying group and a membership organization representing community associations that has amended the proposed bill granting both the operators and the