15 05, 2019

You Keep Using That Word, But I Do Not Think It Means What You Think It Means – Second DCA Weighs in on Effect of Insured Executing Multiple Assignments of Benefits

Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association, Insurance|

When faced with major property damage, whether caused by burst pipes or hurricane damage, a property owner or community association has a duty to mitigate its loss. That means timely notifying the insurance carrier of the loss and taking reasonable measures to minimize the extent of damage. In the case of burst pipes, mitigation includes

1 05, 2019

The Supreme Court of Florida Weighs-In on the Deadline for Junior Lienholders to File Claims for Surplus Proceeds

Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association|

After the foreclosure of a mortgage that results in payment of funds in excess of the judgment amount, junior lienholders may file claims asserting rights to the surplus funds. The process for asserting a claim to surplus proceeds following a judicial sale is found in section 45.031, Florida Statute. The statute requires that a claim

17 04, 2019

2019 Legislative Primer Part II – Busy Year for Legislation Impacting Community Associations

Community Association, Condominium Association, Homeowners Association, Legislation|

Tension and excitement continue to build as we watch this year’s legislative session unfold. One of the pending bills that affects condominiums, cooperatives and homeowners associations HB 1075. The bill is over 100 pages so we cannot address all aspects of it in this article, but let’s look at some of the highlights. The bill

1 04, 2019

2019 Legislative Primer Part I – Busy Year for Legislation Impacting Community Associations

AirBnB, Condominium Association, Governing Documents, Homeowners Association, Legislation|

The number of pending bills this year affecting community associations in some way or another is substantial. Multiple bills regarding vacation rentals reveal the battle lines in Tallahassee between local governments, communities, and the hotel lobbyists versus the vacation rental companies. Senate Bill 1196 and House Bill 1129 are considered community-association friendly bills that impose

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

11 03, 2019

AriasBosinger Awarded Top Community Association Law Firm Honors for Fourth Consecutive Year

Press Releases|

Orlando, FL – Florida Community Association Journal magazine announced its fifth annual Readers’ Choice Award winners in the March 2019 issue of the magazine with an expanded section profiling notable winners for the year. Arias Bosinger, PLLC won top honors with a Diamond Award.

The Award Program was created to recognize the positive and productive

5 03, 2019

Condominiums Can Be Subject to Extinguishment Under The Marketable Record Title Act

Court Decisions of Importance, Governing Documents, Marketable Record Title Act (MRTA)|

An interesting new decision out of Florida’s Second District Court of Appeal addresses whether an Association, whose members are unit owners within a condominium, was entitled to revive its declaration of covenants and restrictions pursuant to the Marketable Record Title Act (MRTA) as it existed in 2016.

As we have addressed in previous posts, generally speaking,

15 02, 2019

DBPR’s Condominium Division Increases Disciplinary Civil Penalties Against Associations

Civil Penalties, Condominium Association, DBPR|

Many community associations unwittingly operate contrary to the requirements of Florida law. Those mistakes can prove costly. Pursuant to section 718.501(1)(d)(6), F.S. and Chapter 61B-21 of the Florida Administrative Code, the Division of Florida Condominiums, Timeshare and Mobile Homes (“Division”) sets forth disciplinary guidelines and civil penalties against condominiums and cooperatives for violations of Florida

1 02, 2019

The ABCs of AOBs: Whether Your AOB is A’OK Depends on Your Insurance Policy’s Language and Perhaps Your Local DCA

Insurance|

Generally, following an insured loss, the policy holder, or insured, files a claim for the loss and then submits receipts or invoices for repairs to its insurance carrier in order to receive reimbursement. However, sometimes repairs are too costly to pay for out-of-pocket. That is where an assignment of benefits (“AOB”) may come in handy.

15 01, 2019

When Does Interest Accrue on Delinquent Assessments?

Assessment Collection, Community Association, Condominium Association|

The ability to collect interest for delinquent assessments is found in a community associations governing documents and is also recognized in Fl. Stat. Chapters 718 for condominium associations and 720 for homeowner associations. Specifically, section 718.116(3), Florida Statutes for condominium associations provides in part that unpaid assessments shall bear interest from the due date until