In David L. Griffin v LaSalle Bank, N.A., 45 Fla. L. Weekly S57 (Fla. Feb. 6, 2020), Florida’s Supreme Court quashed a writ of prohibition issues by the First District Court of Appeals’ (“DCA”) in favor of LaSalle Bank’s writ of prohibition preventing trial court from considering a third party bidder’s motion for damages due
As the 2020 Census is set to end October 31, 2020, communities can expect increased activity by Census takers. This increased activity is certain to run into communities that are seeking to limit the number of visitors accessing their community due the pandemic’s health threat to residents.
However, census takers must be granted access to all
Election season is here and already raising many questions regarding a community’s authority to restrict political signs. If your community has a prohibition on signs, political signs are not exempt from those restrictions. The question then becomes does enforcement of no sign restrictions as to political signs violate an owner’s right to free speech.
Ordinarily, the
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 Monroe County court case illustrates the importance of well drafted rules.
In Biza Corp. d/b/a Galway Mobile Home Park v. Jarome Kaczmarek (FlWSUPP 2710BIZ2), the plaintiff mobile home park filed an action to evict Mr. Kacmarek (“Defendant”) from his lot in Galway Mobile Park for his violations of the park rules. The action was
Whether a tenant who prevailed in an eviction lawsuit was able to recover his attorneys fees from the community association which governed a condominium that was the subject of the receivership, the court appointed Successor Receiver for The Horizons West Property Owners Association, Inc. was at issue in the Circuit Court case of Orbe v.
Hurricane Season 2020 is here, and scientists are predicting that it will produce more and stronger storms than we have seen in the recent past. In fact, Tropical Storms Arthur and Bertha developed before this season even officially began. We have since seen 2 more named storms and a number of tropical depressions.
Floridians are
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),
A community association’s declaration of covenants governs the duties and responsibilities between an association and its owners. When interpreting the text of such documents, courts will apply a rule of strict construction that requires a court to apply any unclear or ambiguous language in the manner most favorable to the owner. Strict construction has a
