1 12, 2020

How “Minimal” Can Common Elements Be in a Condominium?

Common Elements, Condominium Association, Court Decisions of Importance, Governing Documents|

This was the question raised in the recent Florida Third District Court of Appeal case of IconBrickell Condominium No. Three Association, Inc. v. New Media Consulting, LLC, Case No. 3D19-0521 (Fla. 3d DCA, October 7, 2020).

The condominium at issue was a mixed-use condominium – consisting of both residential units and a hotel unit. In

20 11, 2020

Rushmore Method of Property Valuation: Chiseled Away or Completely Demolished by the 5th DCA?

Court Decisions of Importance|

In a state that sees such a large portion of income from the tourist industry, a new decision from Florida’s Fifth District Court of Appeals (“5th DCA”) may have long-reaching impacts on property tax assessments for resorts and hotels throughout the state. Specifically, it is likely to save many of the large resorts and hotels

11 11, 2020

Legal Disposition of Abandoned Property in Florida

Community Association, Condominium Association, Homeowners Association, Tenant/Landlord|

At the expiration, abandonment or termination of a tenancy, tenants often leave personal property behind. Landlords may be tempted to immediately sell or dispose of the abandoned personal property, but doing so can expose them to liability. Any personal property left behind should be left on the premises or stored safely by the landlord. Moreover,

16 10, 2020

Florida Supreme Court Rules Purchaser May Recover for Betterments to Property if Foreclosure Sale Vacated

Banks and Mortgages, Civil Penalties, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association|

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

1 10, 2020

2020 Census and Your Community Association

Community Association, Condominium Association, COVID-19, Homeowners Association, Rules and Regulations, Uncategorized|

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

17 09, 2020

Can Our Community Restrict Political Signs

Community Association, Condominium Association, Elections, Homeowners Association, Rules and Regulations|

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

2 09, 2020

Fifth DCA Recedes From Its Own Precedent Ruling Community Association Assessments Are “Debts” Under FCCPA

Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association|

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”).

25 08, 2020

Amendment Procedures in Master/Sub Association Communities with Neighborhood Voting Representative

Amendments, Community Association, Condominium Association, Court Decisions of Importance, Governing Documents, Homeowners Association|

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

6 08, 2020

Rule Interpretation Conundrums

Community Association, Condominium Association, Governing Documents, Homeowners Association, Rules and Regulations|

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

17 07, 2020

Carlos R. Arias Voted by His Peers as Florida Legal Elite

Press Releases|

 

 

Contacts:     

Andrew P. Corty, Florida Trend Publisher
(727) 892-2638; acorty@FloridaTrend.com

Janice Sharp, Florida Trend Associate Publisher
(727) 892-2621; jsharp@FloridaTrend.com

PETERSBURG, FL. (July 16, 2020) – Attorney Carlos R. Arias of Arias Bosinger, PLLC was recently recognized in the 2020 edition of Florida Trend’s Florida Legal Elite™. The recognition marks the fifth consecutive year Carlos R. Arias has been awarded this