15 11, 2018

Appellate Ruling Limits Viability of Blanket Receiverships

 

Lack of proper notice was central to the Third District Court of Appeal’s decision in Federal National Mortgage Association v. JKM Services, LLC, Case No. 3D17-370 (Fla. 3d DCA October 3, 2018)  limiting a receiver’s ability to recover fees and costs incurred in his efforts to collect rent after having been appointed by a condominium

5 11, 2018

Supreme Court Ruling Regarding Applicability of Contingency Fee Multipliers May Make Litigating Insurance Coverage Cases More Affordable for Associations

Generally, each party involved in a lawsuit is responsible for his or her own attorney’s fees, regardless of who prevails. As with any rule, there are exceptions. For example, a statute or contract can provide that the prevailing party in litigation is entitled to recover their attorney’s fees and costs. The Florida legislature has created

16 10, 2018

The Protecting Tenants in Foreclosure Act is Back

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

1 10, 2018

Swimming Around Pool Rules in Community Associations

A community associations pools typically have prominently displayed pool rules. Beyond the typical “no diving” or “no glass container” rules, we also often see rules prohibiting children under the eighteen (18) from swimming without an adult supervision. Although these rules may have been enacted from a risk management standpoint, they must also be considered against

17 09, 2018

HUD Considering New Emotional Support Animal Guidelines to Crack Down on Abuse

Many community associations’ governing documents contain pet restrictions, sometimes prohibiting them all together. Most owners residing in such communities expect they will not encounter a pet not permitted to reside in the community. However, these assumptions are quickly becoming less common with the increasing number of requests for an accommodation by owners wanting to keep

5 09, 2018

New Statutes Bring Streamlined Methods to Preserve Association Governing Documents

As we discussed in our main 2018 Community Association Legislative Update post, this year’s statutory amendments included one of the biggest efforts to date to help community associations avoid the disaster of their governing documents being extinguished by the Marketable Record Title Act (MRTA). As a basic premise, if a community’s governing documents are subject

20 08, 2018

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

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

13 08, 2018

AriasBosinger Selected 16th of the Orlando Sentinel’s 2018 Top 100 Best Workplaces

(Orlando, Fl – August 13, 2018) Arias Bosinger, PLLC, a real estate and community association law firm, was recently selected as one of the Orlando Sentinel Top 100 Companies. The “Top 100 Companies” program is produced by the Orlando Sentinel in partnership with Best Companies Group; an independent research firm specializing in identifying and recognizing

1 08, 2018

Community Associations Signing Assignment of Benefits May Be Giving Away the Kitchen Sink

If your Association has suffered a property damage loss, chances are the Association has been asked to execute an Assignment of Benefits (“AOB”) by a vendor. An AOB is a document signed by a policyholder – in this case the Association – that allows a third party, such as a plumber, contractor, roofing company, or

23 07, 2018

AriasBosinger Welcomes New Attorney Jennifer M. Sinclair

Arias Bosinger, PLLC is pleased to announce the addition of attorney Jennifer M. Sinclair as Of Counsel to the firm.

Jennifer’s practice focuses primarily on real estate, community association law, and general corporate counsel. With more than a decade of experience representing community associations, Jennifer is well-versed in all matters of association governance, and is relied