In a recent decision Williams v. Salt Springs Resort Association, Inc., Case No. 5D18-3913 (Fla. 5th DCA, June 12, 2020), Florida’s Fifth District Court of Appeal receded from its own longstanding precedent in holding that condominium assessments may be considered “debts” within the meaning of Florida’s Consumer Collection Practices Act, Chapter 559, Florida Statutes (“FCCPA”).
We start with a question that is asked by every licensed community association manager, every director elected to a board, and most of the members in any given condominium or homeowners association across the state – what does it take to amend our association’s governing documents?
The question can be deceptively complex, perhaps because it actually
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),
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
