15 05, 2020

New Notary Laws in Florida

Legislation, Real Estate Law|

Florida has new notary laws that went into effect January 1, 2020. Remote notarization is now permitted.  A notary will no longer have to physically (in person) witness the person sign the instrument requiring notarization, but instead notarization can be done through a video feed and record.

There are certain criteria that must be met to

1 05, 2020

2020 Community Association Legislative Update – Part II

Community Association, Condominium Association, Emotional Support Animals, Homeowners Association, Legislation, Parking, Uncategorized|

At the time of our last Legislative Update article, the Florida Legislature was working on several bills that would significantly impact community associations on a wide range of issues. However, as the 2020 legislative session closed amid the emerging coronavirus pandemic, most of the bills geared specifically toward community associations failed to receive approval, including

8 04, 2020

Moratorium on Mortgage Foreclosures and Residential Evictions

Assessment Collection, COVID-19, Foreclosure|

On April 2, 2020, Governor DeSantis executed Executive Order 20-94 suspending mortgage foreclosures and residential evictions for non-payment of rent for 45 days from the date of the Order, including any extensions. Additionally, properties with federally backed mortgages have additional restrictions for mortgage foreclosures and evictions as set forth in the CARES Act executed by

30 03, 2020

Florida Supreme Court COVID-19 Administrative Orders Impact Court Cases

Community Association, Condominium Association, COVID-19, Foreclosure, Homeowners Association|

We are in unchartered waters as our country faces the COVID-19 pandemic. Millions of people have been laid off, millions more are dealing with reduction in work hours, and businesses that were once thriving are completely shut down.

Florida like many other states have issued emergency orders that significantly impact the way we do business –

16 03, 2020

COVID-19: Actions Communities Should Take to Mitigate Against the Health Risk

Community Association, Condominium Association, COVID-19, Emergency Powers, Homeowners Association|

With the declaration of a national emergency and the Centers for Disease Control and Prevention (“CDC”) urging a nationwide halt to gatherings of more than 50 people for the next eight weeks, the COVID-19 public health emergency has created a lot of uncertainty for communities. Communities need to balance taking reasonable steps to limit exposure

9 03, 2020

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

Press Releases|

Orlando, FL – Florida Community Association Journal magazine announced its fifth annual Readers’ Choice Award winners in the March 2020 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

3 03, 2020

2020 Community Association Legislative Update – Part I

Community Association, Condominium Association, Homeowners Association, Legislation|

While some legislative sessions can be relatively uneventful for condominiums and homeowner associations, this year there are a number of bills that could have a significant impact on the operation and governance of these communities.

In particular, House Bill 623 – Community Associations includes a number of proposed changes that would significantly impact condominiums, cooperatives, and

2 03, 2020

AriasBosinger Welcomes Attorney Jennifer L. Davis

Press Releases|

Arias Bosinger, PLLC is pleased to announce Jennifer L. Davis has joined the firm. She will practice out of the firm’s Altamonte Springs office.

Jennifer’s practice is primarily in real estate, condominium, and planned development law.  She has been recognized as a “rising star” by Florida Super Lawyers for her accomplishments in her practice.  A recognition

17 02, 2020

Assessments are a Debt Subject to the Florida Consumer Collection Practices Act

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

The collection of consumer debts is regulated both by the federal law under the Fair Debt Collection Practices Act (the “FDCPA”), and state law under the Florida Consumer Collections Practices Act (the “FCCPA”). The FDCPA and the FCCPA are not identical, but the FCCPA specifically acknowledges the continued applicability of the FDCPA. This means coming

3 02, 2020

Is Relief for Fraudulent Emotional Support Animal Accommodation Requests on the Horizon?

ADA Compliance, Condominium Association, Emotional Support Animals, Fair Housing Act Issues, Homeowners Association|

As so many community associations have encountered first-hand, the Florida and Federal Fair Housing Acts (FHA) require condominium and homeowners associations to grant exceptions (or a waiver) to pet restrictions in order to allow a person with a disability to keep an animal which alleviates one or more symptoms of that disability, but would otherwise