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Category: Court Decisions of Importance

4th DCA Applies 1 Year Statute of Limitations for Deficiency Judgment

4th DCA Applies 1 Year Statute of Limitations for Deficiency Judgment

The rule in any litigation is that timing is everything. Miscalculating deadlines, and especially mis-construing application … more

Posted in Banks and Mortgages, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association
Parcel Owner Legal Standing to Challenge Assessment After Sale of Property

Parcel Owner Legal Standing to Challenge Assessment After Sale of Property

Whether a third party is liable for HOA assessments after a foreclosure sale is a highly litigated issue in Florida. Often, … more

Posted in Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Governing Documents, Homeowners Association
Are Florida Courts Tightening the Noose Around Private Beach Use?

Are Florida Courts Tightening the Noose Around Private Beach Use?

With over 825 miles of accessible beaches, and nearly 1,000 people moving to Florida per day, the battle between public … more

Posted in Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association, Litigation/Evidence, Real Estate Law
Condominium Association’s Power to Suspend Voting Rights Called Into Question

Condominium Association’s Power to Suspend Voting Rights Called Into Question

On June 2nd, 2021, Florida’s Third District Court of Appeal issued an Order in the case of De Soleil South Beach … more

Posted in Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Governing Documents, Homeowners Association, Voting / Suspension of Voting Rights
CDC Wins the Battle on Eviction Moratoriums . . . For Now

CDC Wins the Battle on Eviction Moratoriums . . . For Now

The COVID-19 pandemic and the associated actions taken to help mitigate its effects on public health and the economy have … more

Posted in Community Association, Condominium Association, Court Decisions of Importance, COVID-19, Foreclosure, Homeowners Association, Tenant/Landlord
Florida Supreme Court Brings Florida Summary Judgment Standard in Line With Federal Standard

Florida Supreme Court Brings Florida Summary Judgment Standard in Line With Federal Standard

The Florida Supreme Court has amended Florida Rules of Civil Procedure 1.510 to “align Florida’s summary judgment … more

Posted in Assessment Collection, Court Decisions of Importance, Foreclosure, Litigation/Evidence
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