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

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