6 08, 2019

Enforce or not to Enforce? A Community Associations’ Liability in Tort Cases.

Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association, Parking, Rules and Regulations|

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

17 07, 2019

Another Fair Housing Case for Community Associations to Swim Around

Condominium Association, Court Decisions of Importance, Fair Housing Act Issues, Homeowners Association, Rules and Regulations, Uncategorized|

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

1 07, 2019

Florida’s 2nd DCA Affirms Exception to General Rule of Defendant’s Entitlement to Attorney Fees After Plaintiff’s Voluntary Dismissal

Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association|

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

15 05, 2019

You Keep Using That Word, But I Do Not Think It Means What You Think It Means – Second DCA Weighs in on Effect of Insured Executing Multiple Assignments of Benefits

Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association, Insurance|

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

1 05, 2019

The Supreme Court of Florida Weighs-In on the Deadline for Junior Lienholders to File Claims for Surplus Proceeds

Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association|

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

15 03, 2019

Finally! Some Push Back on Short Term Rentals

AirBnB, Condominium Association, Court Decisions of Importance, Homeowners Association, Tenant/Landlord|

After a series of rulings adverse to community associations’ and local governments’ efforts to limit or prevent short term rentals, the Third District Court of Appeal in City of Miami v. Airbnb, etc., et al., No. 3D17-1213 (Fla. 3d DCA, December 5, 2018), upheld the City of Miami’s code ordinance preventing short term rentals.

At issue

5 03, 2019

Condominiums Can Be Subject to Extinguishment Under The Marketable Record Title Act

Court Decisions of Importance, Governing Documents, Marketable Record Title Act (MRTA)|

An interesting new decision out of Florida’s Second District Court of Appeal addresses whether an Association, whose members are unit owners within a condominium, was entitled to revive its declaration of covenants and restrictions pursuant to the Marketable Record Title Act (MRTA) as it existed in 2016.

As we have addressed in previous posts, generally speaking,

2 01, 2019

Court Decision Touches on Condominium Airspace Property Rights

Condominium Association, Court Decisions of Importance|

In property law, owning land includes owning the earth under the surface and air above the surface. Florida’s First District Court of Appeals recently addressed airspace condominium parcel rights in Sterling Breeze Owners’ Ass’n, Inc. v. New Sterling Resorts, LLC, Case No. 1D17-1553 (September 5, 2018).

The developer of Sterling Breeze built a 145 residential unit,