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

16 01, 2020

Arias Bosinger, PLLC – One of the Fastest Growing Law Firms in the U.S.

Press Releases|

AriasBosinger, a distinguished Central Florida real estate law firm, ranked #25 on the 500 Fastest Growing Law Firms list, with 187% growth in three years.

Orlando, Fla., January 21, 2020 – Arias Bosinger, PLLC is a full-service real estate law firm that operates in a number of cities throughout Central Florida. Over the years, it has gained a reputation

15 01, 2020

To Be or Not To Be … Admitted? That is the Question

Court Decisions of Importance, Litigation/Evidence|

The Florida Supreme Court recently announced that Florida courts would utilize the Daubert standard when evaluating the admissibility of expert testimony, instead of the Frye standard, which was set forth in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). With this change, Florida courts will join the federal courts and a majority of

30 12, 2019

Can Your Community’s Developer Use HOA Capital Contributions Collected at Closings to Offset the Developer’s Deficit Funding Obligation?

Capital Contributions, Community Association, Deficit Funding, Governing Documents, Homeowners Association, Legislation|

Many communities impose a capital contribution (sometimes called an initiation fee) on new owners. This is a one-time, nonrefundable fee paid by the buyer at closing. These fees usually go into a special account used to fund capital improvements and repairs in the community. Both Fla. Stat. §720.308(6) and §720.308(4)(b), prohibit a developer from using

17 12, 2019

Proposed Mortgage Foreclosure Legislation May Negatively Impact Competitive Bidding at Community Association Foreclosure Sales

Assessment Collection, Banks and Mortgages, Community Association, Condominium Association, Foreclosure, Homeowners Association, Legislation, Tenant/Landlord|

In today’s lien foreclosure market, most community associations benefit from competitive bidding at their lien foreclosure sale. Since the great recession a cottage industry sprouted of investors competitively bidding at these sales.  Investors then renovate the properties and rent them until the mortgagee completes its own foreclosure action. This is generally a win/win situation as

3 12, 2019

Is Your Association’s Website Exposing Your Community to Liability for ADA or FHA Violations?

ADA Compliance, Community Association, Condominium Association, Fair Housing Act Issues, Homeowners Association, Legislation, Social Media / Communication, Website Matters|

Let’s face it, we do almost everything online – from shopping to paying bills. Following that trend, many community associations also conduct a lot of activity through a website, including; paying assessments, advertising sales or rentals, or posting documents, notices, minutes, and social calendars for members to easily access. In fact, the Florida legislature passed

15 11, 2019

Your Tenant’s Water Leak Damaged My Unit – Now Pay Up – 4th DCA Says Otherwise

Condominium Association, Court Decisions of Importance, Insurance, Tenant/Landlord|

In Universal Prop. & Cas. Ins. Co. v. Loftus, 276 So. 3d 849 (Fla. 4th DCA 2019) the Court held Section 718.111(11)(j), Florida Statutes, does not provide a private cause of action against condominium unit owners for the alleged negligence of the unit’s tenants. The decision underscores the complicated nature of Section 718.111(11), Florida Statutes,

2 11, 2019

Florida Legislature Provides “Re-Leaf” from Local Government Regulation

Insurance, Legislation|

Residents in Florida are no stranger to the potential hazards posed by dead, dying, diseased, and overgrown trees. In an effort to make the maintenance and removal of such trees easier for residential property owners, Florida passed into law Florida Statute §163.045 (the “Statute”). The Statute limits the ability of local governments to regulate maintenance,

15 10, 2019

New FHA Guidelines Aim to Increase Access To Condo Mortgages

Banks and Mortgages, Condominium Association, Fair Housing Act Issues|

Condominium sales will play a more significant role in the mortgage origination market in the next few years. The Foundation for Community Association Research (FCAR) estimates 40% of the nation’s 27 million community association households are condominiums, accounting for approximately 10% of the nation’s housing stock. However, currently condominium unit mortgages account for fewer than 2%