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Category: Court Decisions of Importance

Federal Court Rules Corporate Transparency Act Unconstitutional

Federal Court Rules Corporate Transparency Act Unconstitutional

In the landmark case of the National Small Business Association et al. v. Janet Yellen et al., the United States District … more

Posted in Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association, Legislation
… But I Have a Lien!?

… But I Have a Lien!?

The United States Bankruptcy Court Southern District’s decision in In re: Adams, Case No. 22-10140-MAM serves as a … more

Posted in Assessment Collection, Condominium Association, Court Decisions of Importance, Foreclosure
Eviction Statute Strictly Construed When Awarding Attorney Fees

Eviction Statute Strictly Construed When Awarding Attorney Fees

The case, Ortuzar v. Foley, Case No. 2D21-1262 (Fla. 2d DCA, 2022), centers around a landlord/tenant eviction case and the … more

Posted in Civil Penalties, Court Decisions of Importance, Eviction
Recovering Clerk of Court Fees After Vacated Foreclosure Sale – It Can Be Tricky

Recovering Clerk of Court Fees After Vacated Foreclosure Sale – It Can Be Tricky

Filing suit in court is always accompanied by additional administrative costs and fees, including clerk of court fees. … more

Posted in Assessment Collection, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association
Orange County Rent Control Ballot Measure Passes – Implementation in Doubt

Orange County Rent Control Ballot Measure Passes – Implementation in Doubt

Florida law prohibits local governments from controlling the price of rent. Undeterred, Orange County challenged this law by … more

Posted in Community Association, Court Decisions of Importance, Eviction, Fair Housing Act Issues
Is Self-Help Required?

Is Self-Help Required?

While one of the primary functions of an association is to maintain and enforce the owners’ obligations imposed upon them … more

Posted in Community Association, Condominium Association, Court Decisions of Importance, Enforcement of the Governing Documents, Governing Documents, Homeowners Association
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