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|




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

15 07, 2020

Community Association Not Liable for its Receiver’s Actions

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

Whether a tenant who prevailed in an eviction lawsuit was able to recover his attorneys fees from the community association which governed a condominium that was the subject of the receivership, the court appointed Successor Receiver for The Horizons West Property Owners Association, Inc. was at issue in the Circuit Court case of Orbe v.

1 07, 2020

Hurricane Preparedness During a Pandemic: What to Expect and How to Prepare

Community Association, Condominium Association, COVID-19, Emergency Powers, Homeowners Association, Hurricane Season, Insurance|

Hurricane Season 2020 is here, and scientists are predicting that it will produce more and stronger storms than we have seen in the recent past. In fact, Tropical Storms Arthur and Bertha developed before this season even officially began. We have since seen 2 more named storms and a number of tropical depressions.

Floridians are

15 06, 2020

Be Reasonable, It’s Good Business Judgment

Community Association, Condominium Association, Court Decisions of Importance, Governing Documents, Homeowners Association, Rules and Regulations|

A recent decision by Florida’s Fourth District Court of Appeals (“4th DCA”) highlights the deference courts in Florida give community association boards of directors when they make informed, reasonable decisions with respect to enforcing restrictions in their governing documents. In Miller v. Homeland Prop. Owners Ass’n, Inc., 284 So. 3d 534 (Fla. 4th DCA 2019),

2 06, 2020

AriasBosinger Attorneys Selected to the 2020 Florida Super Lawyers List

Press Releases|

ORLANDO, FL. (June 2, 2020) – Carlos R. Arias, Adam W. Carls, and Frank J. Lacquaniti partners with Arias Bosinger, PLLC, have been selected to the 2020 Florida Super Lawyers list. No more than five percent of the lawyers in Florida are selected by Super Lawyers.

Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from

2 06, 2020

Restrictions in Community Documents Will Be Strictly Construed by Courts

Community Association, Condominium Association, Governing Documents, Homeowners Association|

A community association’s declaration of covenants governs the duties and responsibilities between an association and its owners. When interpreting the text of such documents, courts will apply a rule of strict construction that requires a court to apply any unclear or ambiguous language in the manner most favorable to the owner. Strict construction has a