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
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
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
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
Can Your Community’s Developer Use HOA Capital Contributions Collected at Closings to Offset the Developer’s Deficit Funding Obligation?
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
Proposed Mortgage Foreclosure Legislation May Negatively Impact Competitive Bidding at Community Association Foreclosure Sales
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
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,
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,
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%