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.
Proposed Mortgage Foreclosure Legislation May Negatively Impact Competitive Bidding at Community Association Foreclosure Sales
In today’s lien foreclosure market, most community associations benefit from competitive bidding at their lien foreclosure sale. Since the great recession a cottage industry sprouted of investors competitively bidding at these sales. Investors then renovate the properties and rent them until the mortgagee completes its own foreclosure action. This is generally a win/win situation as
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,
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.
In 2009, during the peak of the financial crisis, the US Congress enacted the Protecting Tenants at Foreclosure Act (“PTFA”), which required the party taking title at a foreclosure sale to provide bona fide tenants with a notice 90 days before requiring them to vacate the property and allowed the tenants with leases to occupy
Communities and local municipalities appear to be losing the battle in Tallahassee against the powerful lobbying efforts of the home sharing companies over the power to control transient rentals in residential neighborhoods.
The Florida Legislature in 2011 passed Fla. Stat. §509.032(7)(b) restricting any city or county from prohibiting, or regulating the duration or frequency of short-term
Many condominium associations have restrictions limiting an owner’s ability to lease their property. These provisions are intended to preserve property values and protect unit owner quality of life.
However, such restrictions may limit financing options for prospective purchasers. Recently the U.S. Department of Housing and Urban Development (“HUD”) clarified whether certain leasing restrictions within a
Florida’s 2017 legislative session is well under way and we are already seeing a slew of bills directed at community associations. One bill in particular should alarm anyone working with or serving on condominium association boards of directors. Senate Bill 1682, filed by Senator Rene Garcia, proposes numerous changes to how condominium associations are governed
Last month, Florida’s Fifth District Court of Appeals issued yet another opinion in Mackenzie v. Centex Homes, by Centex Real Estate Corp., Case No. 5D16-1254 (Fla. 5th DCA, December 22, 2016) reinforcing that a developer is obligated to contribute money to an association’s statutory reserve accounts prior to turnover, even when the developer has chosen
Online third-party rentals have become quite popular in recent years. Many unit owners see these companies as an opportunity to bring in additional income by renting out their unit on a short-term basis, sometimes even just for a weekend.
Most condominium communities do not want short-term rentals of units. Short-term rentals can reduce property values, impair