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AriasBosinger Articles

Can a Developer Retain the Right to Veto a Declaration Amendment After Turnover of the Association?

Can a Developer Retain the Right to Veto a Declaration Amendment After Turnover of the Association?

Surprisingly, the answer is yes. In the recent case of First Equitable Realty III, Ltd. vs. Grandview Palace Condominium … more

Posted in Amendments, Common Elements, Condominium Association, Developer Issues, Governing Documents, Homeowners Association, Turnover from Developer Control
Eviction Statute Strictly Construed When Awarding Attorney Fees

Eviction Statute Strictly Construed When Awarding Attorney Fees

The case, Ortuzar v. Foley, Case No. 2D21-1262 (Fla. 2d DCA, 2022), centers around a landlord/tenant eviction case and the … more

Posted in Civil Penalties, Court Decisions of Importance, Eviction
Community Association Quorum Issues

Community Association Quorum Issues

In the final article on our series on the basics of community association meetings, we address common questions involving … more

Posted in Condominium Association, Governing Documents, Homeowners Association, Notice of Meetings, Quorum
Recovering Clerk of Court Fees After Vacated Foreclosure Sale – It Can Be Tricky

Recovering Clerk of Court Fees After Vacated Foreclosure Sale – It Can Be Tricky

Filing suit in court is always accompanied by additional administrative costs and fees, including clerk of court fees. … more

Posted in Assessment Collection, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association
HOAs Suing as Representative of Owners are Bound by Arbitration Provisions in Owner Sale Agreements and Deeds

HOAs Suing as Representative of Owners are Bound by Arbitration Provisions in Owner Sale Agreements and Deeds

Earlier this year, we published an article titled Covenants to Arbitrate Construction Defect Disputes Within a Deed Run With … more

Posted in Arbitration, Community Association, Construction Defects, Contracts, Homeowners Association
Orange County Rent Control Ballot Measure Passes – Implementation in Doubt

Orange County Rent Control Ballot Measure Passes – Implementation in Doubt

Florida law prohibits local governments from controlling the price of rent. Undeterred, Orange County challenged this law by … more

Posted in Press Releases
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