The collection of consumer debts is regulated both by the federal law under the Fair Debt Collection Practices Act (the “FDCPA”), and state law under the Florida Consumer Collections Practices Act (the “FCCPA”). The FDCPA and the FCCPA are not identical, but the FCCPA specifically acknowledges the continued applicability of the FDCPA. This means coming
The Florida Supreme Court recently announced that Florida courts would utilize the Daubert standard when evaluating the admissibility of expert testimony, instead of the Frye standard, which was set forth in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). With this change, Florida courts will join the federal courts and a majority of
In Universal Prop. & Cas. Ins. Co. v. Loftus, 276 So. 3d 849 (Fla. 4th DCA 2019) the Court held Section 718.111(11)(j), Florida Statutes, does not provide a private cause of action against condominium unit owners for the alleged negligence of the unit’s tenants. The decision underscores the complicated nature of Section 718.111(11), Florida Statutes,
In Florida, most residential real estate transactions utilize the form FAR/BAR Residential Contract for Purchase and Sale (“FAR/BAR Contract”). With over five million residential closings in Florida each year, the terms of the FAR/BAR contract impacts millions of transactions. Recently, the Fourth District Court of Appeals, in Florida Inv. Group 100, LLC v. Lafont, Case
The First District Court of Appeal decision in Coastal Creek Condominium Association, Inc. v Fla Trust Services, LLC, Case No. 1D18-1457 (Fla. 1st DCA, July 16, 2019) addressed whether a current condominium unit owner is jointly and severally liable for delinquent assessments accruing during the ownership of a remote owner. Having found that the joint
The Fourth District Court of Appeals recently addressed an association’s liability for failure to enforce no-street parking restrictions in Seminole Lakes HOA, Inc. v. Esnard, Case No. 4D18-15 (Fla. 4th DCA December 19, 2018). The case arose out of a car accident between Esnard and another driver which occurred inside the Seminole Lakes community.
The restrictive
The Federal Fair Housing Act, 42 U.S.C. 3601 prohibits housing providers from discriminating on the basis of race, color, national origin, religion, sex, marital status and disability. Most states, including Florida, have their own anti-discrimination laws, such as the Florida Fair Housing Act. In Florida, community associations are bound by both the Federal and Florida
The Second District Court of Appeals ruling in Valencia Golf and Country Club Homeowners’ Association, Inc. v. Community Resource Services, Inc. and Orangetee Homeowners Association, Inc., Case No. 2D17-4986 (Fla. 2d DCA, May 22, 2019) is instructive for community associations, and litigants in general, of a party ensuring the issue of entitlement to attorney fees
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
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
