17 12, 2019

Proposed Mortgage Foreclosure Legislation May Negatively Impact Competitive Bidding at Community Association Foreclosure Sales

Assessment Collection, Banks and Mortgages, Community Association, Condominium Association, Foreclosure, Homeowners Association, Legislation, Tenant/Landlord|

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

15 11, 2019

Your Tenant’s Water Leak Damaged My Unit – Now Pay Up – 4th DCA Says Otherwise

Condominium Association, Court Decisions of Importance, Insurance, Tenant/Landlord|

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,

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

16 10, 2018

The Protecting Tenants in Foreclosure Act is Back

Community Association, Foreclosure, Tenant/Landlord|

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

20 08, 2018

Local Central Florida Governments Adopt Ordinances Registering and Taxing Short Term Rentals

Amendments, Community Association, Tenant/Landlord, Uncategorized|

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

1 03, 2018

FHA Clarifies Position on Lending Guidelines and Leasing Restrictions

Tenant/Landlord|

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

16 03, 2017

Senate Bill Seeks to Criminalize Certain Violations of the Condominium Act

Tenant/Landlord|

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

16 01, 2017
  • reserve funding

Court Decision Clarifies HOA Developer Reserve Funding Obligations

Arias Bosinger, Community Association, Real Estate Law, Tenant/Landlord|

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

2 01, 2017
  • airbnb rentals

How Condominium Associations Can Deal with Airbnb Rentals

Arias Bosinger, Community Association, Tenant/Landlord|

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

2 12, 2016
  • community associations

New HUD Neighbor to Neighbor Discrimination Regulations Impact Community Associations

Arias Bosinger, Community Association, Legislation, Real Estate Law, Tenant/Landlord|

On September 13, 2016, the U.S. Department of Housing and Urban Development (“HUD”) released final regulations that change how the Federal Fair Housing Act (“Act”) is applied to quid pro quo and hostile environment housing claims within community associations. The new rules, some of which went into effect on October 14, 2016, affect what community