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Category: Court Decisions of Importance

Court Declares Retroactive Approval of Condominium Material Alterations Unlawful

Court Declares Retroactive Approval of Condominium Material Alterations Unlawful

In Bailey v. Shelborne Ocean Beach Hotel Cd’m. Ass’n., Inc. Case Nos.: 3D17-0559 and 3D17-0767 (Fla 3d DCA July 15, … more

Posted in Condominium Association, Court Decisions of Importance, Material Alterations
How “Minimal” Can Common Elements Be in a Condominium?

How “Minimal” Can Common Elements Be in a Condominium?

This was the question raised in the recent Florida Third District Court of Appeal case of IconBrickell Condominium No. Three … more

Posted in Common Elements, Condominium Association, Court Decisions of Importance, Governing Documents, Uncategorized
Rushmore Method of Property Valuation: Chiseled Away or Completely Demolished by the 5th DCA?

Rushmore Method of Property Valuation: Chiseled Away or Completely Demolished by the 5th DCA?

In a state that sees such a large portion of income from the tourist industry, a new decision from Florida’s Fifth … more

Posted in Court Decisions of Importance, Uncategorized
Florida Supreme Court Rules Purchaser May Recover for Betterments to Property if Foreclosure Sale Vacated

Florida Supreme Court Rules Purchaser May Recover for Betterments to Property if Foreclosure Sale Vacated

In David L. Griffin v LaSalle Bank, N.A., 45 Fla. L. Weekly S57 (Fla. Feb. 6, 2020), Florida’s Supreme Court quashed a … more

Posted in Banks and Mortgages, Civil Penalties, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association, Uncategorized
Fifth DCA Recedes From Its Own Precedent Ruling Community Association Assessments Are “Debts” Under FCCPA

Fifth DCA Recedes From Its Own Precedent Ruling Community Association Assessments Are “Debts” Under FCCPA

In a recent decision Williams v. Salt Springs Resort Association, Inc., Case No. 5D18-3913 (Fla. 5th DCA, June 12, 2020), … more

Posted in Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association
Amendment Procedures in Master/Sub Association Communities with Neighborhood Voting Representative

Amendment Procedures in Master/Sub Association Communities with Neighborhood Voting Representative

We start with a question that is asked by every licensed community association manager, every director elected to a board, … more

Posted in Amendments, Community Association, Condominium Association, Court Decisions of Importance, Governing Documents, Homeowners Association
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