15 07, 2020

Community Association Not Liable for its Receiver’s Actions

Community Association, Condominium Association, Homeowners Association, Receivership, Tenant/Landlord|

Whether a tenant who prevailed in an eviction lawsuit was able to recover his attorneys fees from the community association which governed a condominium that was the subject of the receivership, the court appointed Successor Receiver for The Horizons West Property Owners Association, Inc. was at issue in the Circuit Court case of Orbe v.

1 07, 2020

Hurricane Preparedness During a Pandemic: What to Expect and How to Prepare

Community Association, Condominium Association, COVID-19, Emergency Powers, Homeowners Association, Hurricane Season, Insurance|

Hurricane Season 2020 is here, and scientists are predicting that it will produce more and stronger storms than we have seen in the recent past. In fact, Tropical Storms Arthur and Bertha developed before this season even officially began. We have since seen 2 more named storms and a number of tropical depressions.

Floridians are

15 06, 2020

Be Reasonable, It’s Good Business Judgment

Community Association, Condominium Association, Court Decisions of Importance, Governing Documents, Homeowners Association, Rules and Regulations|

A recent decision by Florida’s Fourth District Court of Appeals (“4th DCA”) highlights the deference courts in Florida give community association boards of directors when they make informed, reasonable decisions with respect to enforcing restrictions in their governing documents. In Miller v. Homeland Prop. Owners Ass’n, Inc., 284 So. 3d 534 (Fla. 4th DCA 2019),

2 06, 2020

Restrictions in Community Documents Will Be Strictly Construed by Courts

Community Association, Condominium Association, Governing Documents, Homeowners Association|

A community association’s declaration of covenants governs the duties and responsibilities between an association and its owners. When interpreting the text of such documents, courts will apply a rule of strict construction that requires a court to apply any unclear or ambiguous language in the manner most favorable to the owner. Strict construction has a

1 05, 2020

2020 Community Association Legislative Update – Part II

Community Association, Condominium Association, Emotional Support Animals, Homeowners Association, Legislation, Parking, Uncategorized|

At the time of our last Legislative Update article, the Florida Legislature was working on several bills that would significantly impact community associations on a wide range of issues. However, as the 2020 legislative session closed amid the emerging coronavirus pandemic, most of the bills geared specifically toward community associations failed to receive approval, including

30 03, 2020

Florida Supreme Court COVID-19 Administrative Orders Impact Court Cases

Community Association, Condominium Association, COVID-19, Foreclosure, Homeowners Association|

We are in unchartered waters as our country faces the COVID-19 pandemic. Millions of people have been laid off, millions more are dealing with reduction in work hours, and businesses that were once thriving are completely shut down.

Florida like many other states have issued emergency orders that significantly impact the way we do business –

16 03, 2020

COVID-19: Actions Communities Should Take to Mitigate Against the Health Risk

Community Association, Condominium Association, COVID-19, Emergency Powers, Homeowners Association|

With the declaration of a national emergency and the Centers for Disease Control and Prevention (“CDC”) urging a nationwide halt to gatherings of more than 50 people for the next eight weeks, the COVID-19 public health emergency has created a lot of uncertainty for communities. Communities need to balance taking reasonable steps to limit exposure

3 03, 2020

2020 Community Association Legislative Update – Part I

Community Association, Condominium Association, Homeowners Association, Legislation|

While some legislative sessions can be relatively uneventful for condominiums and homeowner associations, this year there are a number of bills that could have a significant impact on the operation and governance of these communities.

In particular, House Bill 623 – Community Associations includes a number of proposed changes that would significantly impact condominiums, cooperatives, and

30 12, 2019

Can Your Community’s Developer Use HOA Capital Contributions Collected at Closings to Offset the Developer’s Deficit Funding Obligation?

Capital Contributions, Community Association, Deficit Funding, Governing Documents, Homeowners Association, Legislation|

Many communities impose a capital contribution (sometimes called an initiation fee) on new owners. This is a one-time, nonrefundable fee paid by the buyer at closing. These fees usually go into a special account used to fund capital improvements and repairs in the community. Both Fla. Stat. §720.308(6) and §720.308(4)(b), prohibit a developer from using

17 12, 2019

Proposed Mortgage Foreclosure Legislation May Negatively Impact Competitive Bidding at Community Association Foreclosure Sales

Assessment Collection, Banks and Mortgages, Community Association, Condominium Association, Foreclosure, Homeowners Association, Legislation, Tenant/Landlord|

In today’s lien foreclosure market, most community associations benefit from competitive bidding at their lien foreclosure sale. Since the great recession a cottage industry sprouted of investors competitively bidding at these sales.  Investors then renovate the properties and rent them until the mortgagee completes its own foreclosure action. This is generally a win/win situation as