15 05, 2019

You Keep Using That Word, But I Do Not Think It Means What You Think It Means – Second DCA Weighs in on Effect of Insured Executing Multiple Assignments of Benefits

Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association, Insurance|

When faced with major property damage, whether caused by burst pipes or hurricane damage, a property owner or community association has a duty to mitigate its loss. That means timely notifying the insurance carrier of the loss and taking reasonable measures to minimize the extent of damage. In the case of burst pipes, mitigation includes

1 05, 2019

The Supreme Court of Florida Weighs-In on the Deadline for Junior Lienholders to File Claims for Surplus Proceeds

Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association|

After the foreclosure of a mortgage that results in payment of funds in excess of the judgment amount, junior lienholders may file claims asserting rights to the surplus funds. The process for asserting a claim to surplus proceeds following a judicial sale is found in section 45.031, Florida Statute. The statute requires that a claim

17 04, 2019

2019 Legislative Primer Part II – Busy Year for Legislation Impacting Community Associations

Community Association, Condominium Association, Homeowners Association, Legislation|

Tension and excitement continue to build as we watch this year’s legislative session unfold. One of the pending bills that affects condominiums, cooperatives and homeowners associations HB 1075. The bill is over 100 pages so we cannot address all aspects of it in this article, but let’s look at some of the highlights. The bill

15 01, 2019

When Does Interest Accrue on Delinquent Assessments?

Assessment Collection, Community Association, Condominium Association|

The ability to collect interest for delinquent assessments is found in a community associations governing documents and is also recognized in Fl. Stat. Chapters 718 for condominium associations and 720 for homeowner associations. Specifically, section 718.116(3), Florida Statutes for condominium associations provides in part that unpaid assessments shall bear interest from the due date until

3 12, 2018

Court Decision Extends Time to File Construction Defect Claims Following Proper Pre-Suit Notice

Community Association, Construction Defects|

A new decision out of Florida’s Fourth District Court of Appeal addresses whether providing a mandatory pre-suit notice of construction defect claims satisfies the requirements of Florida’s 10-year Statute of Repose in §95.11(3)(c), Fla. Stat. (2014), even if an actual lawsuit is not filed within that period. In a win for Florida homeowners, the Court

15 11, 2018

Appellate Ruling Limits Viability of Blanket Receiverships

Community Association, Foreclosure|

 

Lack of proper notice was central to the Third District Court of Appeal’s decision in Federal National Mortgage Association v. JKM Services, LLC, Case No. 3D17-370 (Fla. 3d DCA October 3, 2018)  limiting a receiver’s ability to recover fees and costs incurred in his efforts to collect rent after having been appointed by a condominium

5 11, 2018

Supreme Court Ruling Regarding Applicability of Contingency Fee Multipliers May Make Litigating Insurance Coverage Cases More Affordable for Associations

Community Association, Insurance|

Generally, each party involved in a lawsuit is responsible for his or her own attorney’s fees, regardless of who prevails. As with any rule, there are exceptions. For example, a statute or contract can provide that the prevailing party in litigation is entitled to recover their attorney’s fees and costs. The Florida legislature has created

16 10, 2018

The Protecting Tenants in Foreclosure Act is Back

Community Association, Foreclosure, Tenant/Landlord|

In 2009, during the peak of the financial crisis, the US Congress enacted the Protecting Tenants at Foreclosure Act (“PTFA”), which required the party taking title at a foreclosure sale to provide bona fide tenants with a notice 90 days before requiring them to vacate the property and allowed the tenants with leases to occupy

1 10, 2018

Swimming Around Pool Rules in Community Associations

Community Association, Fair Housing Act Issues, Rules and Regulations|

A community associations pools typically have prominently displayed pool rules. Beyond the typical “no diving” or “no glass container” rules, we also often see rules prohibiting children under the eighteen (18) from swimming without an adult supervision. Although these rules may have been enacted from a risk management standpoint, they must also be considered against

17 09, 2018

HUD Considering New Emotional Support Animal Guidelines to Crack Down on Abuse

Community Association, Emotional Support Animals, Fair Housing Act Issues, Rules and Regulations|

Many community associations’ governing documents contain pet restrictions, sometimes prohibiting them all together. Most owners residing in such communities expect they will not encounter a pet not permitted to reside in the community. However, these assumptions are quickly becoming less common with the increasing number of requests for an accommodation by owners wanting to keep