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Category: Court Decisions of Importance

Community Association Liable for Negligently Installed and Maintained Bollard

Community Association Liable for Negligently Installed and Maintained Bollard

In one recent appellate court case, J.L. Property Owners Association, Inc. v. Schnurr, 2022 WL 39421 (Fla. 4th DCA, January … more

Posted in Building Maintenance, Common Elements, Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association
Associations Assignment Authority to Management Agent Confirmed

Associations Assignment Authority to Management Agent Confirmed

In Seaside Town Council v. Seaside Community Development Corp, 1D19-755 (Fla. 1st DCA 2021), Florida’s First District … more

Posted in Contracts, Court Decisions of Importance, Governing Documents
Florida’s Safe Harbor – Calculating Bank Liability for Delinquent Assessments After Foreclosure of Multiple Condominium Units

Florida’s Safe Harbor – Calculating Bank Liability for Delinquent Assessments After Foreclosure of Multiple Condominium Units

The real estate market has seen a tremendous influx of large companies purchasing multiple units and lots within an … more

Posted in Assessment Collection, Banks and Mortgages, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association
Individualizing the Statute of Repose Analysis

Individualizing the Statute of Repose Analysis

In a recent case, Spring Isle Community Association, Inc. v. Pulte Home Corp., et al., Case No. 5D20-1420, the Fifth … more

Posted in Building Maintenance, Condominium Association, Construction Defects, Court Decisions of Importance, Homeowners Association, Townhomes
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
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