19 12, 2018

Arias Bosinger, PLLC Named a Top 25 Real Estate Law Firm in Central Florida

Press Releases|

ORLANDO, Fla. (December 18, 2018) —

Central Florida law firm Arias Bosinger, PLLC today announced the Orlando Business Journal has listed the firm among Central Florida’s Top 25 Real Estate Law Firms in its most recent issue. Of the firms ranked, Arias Bosinger, PLLC weighs in at No. 18.

For the complete list, visit the Orlando

13 12, 2018

My Master Association is a Condominium Association… Maybe?

Condominium Association, Official Records|

Even though you own a condominium, is it possible one of the associations governing your condominium unit thought to be a condominium association for decades is actually a homeowners association? Yes, it is.

Many owners in the State of Florida own condominium units under the jurisdiction of two community associations. The first, a smaller condominium association

3 12, 2018

Court Decision Extends Time to File Construction Defect Claims Following Proper Pre-Suit Notice

Community Association, Construction Defects|

A new decision out of Florida’s Fourth District Court of Appeal addresses whether providing a mandatory pre-suit notice of construction defect claims satisfies the requirements of Florida’s 10-year Statute of Repose in §95.11(3)(c), Fla. Stat. (2014), even if an actual lawsuit is not filed within that period. In a win for Florida homeowners, the Court

15 11, 2018

Appellate Ruling Limits Viability of Blanket Receiverships

Community Association, Foreclosure|

 

Lack of proper notice was central to the Third District Court of Appeal’s decision in Federal National Mortgage Association v. JKM Services, LLC, Case No. 3D17-370 (Fla. 3d DCA October 3, 2018)  limiting a receiver’s ability to recover fees and costs incurred in his efforts to collect rent after having been appointed by a condominium

5 11, 2018

Supreme Court Ruling Regarding Applicability of Contingency Fee Multipliers May Make Litigating Insurance Coverage Cases More Affordable for Associations

Community Association, Insurance|

Generally, each party involved in a lawsuit is responsible for his or her own attorney’s fees, regardless of who prevails. As with any rule, there are exceptions. For example, a statute or contract can provide that the prevailing party in litigation is entitled to recover their attorney’s fees and costs. The Florida legislature has created

16 10, 2018

The Protecting Tenants in Foreclosure Act is Back

Community Association, Foreclosure, Tenant/Landlord|

In 2009, during the peak of the financial crisis, the US Congress enacted the Protecting Tenants at Foreclosure Act (“PTFA”), which required the party taking title at a foreclosure sale to provide bona fide tenants with a notice 90 days before requiring them to vacate the property and allowed the tenants with leases to occupy

1 10, 2018

Swimming Around Pool Rules in Community Associations

Community Association, Fair Housing Act Issues, Rules and Regulations|

A community associations pools typically have prominently displayed pool rules. Beyond the typical “no diving” or “no glass container” rules, we also often see rules prohibiting children under the eighteen (18) from swimming without an adult supervision. Although these rules may have been enacted from a risk management standpoint, they must also be considered against

17 09, 2018

HUD Considering New Emotional Support Animal Guidelines to Crack Down on Abuse

Community Association, Emotional Support Animals, Fair Housing Act Issues, Rules and Regulations|

Many community associations’ governing documents contain pet restrictions, sometimes prohibiting them all together. Most owners residing in such communities expect they will not encounter a pet not permitted to reside in the community. However, these assumptions are quickly becoming less common with the increasing number of requests for an accommodation by owners wanting to keep

5 09, 2018

New Statutes Bring Streamlined Methods to Preserve Association Governing Documents

Amendments, Governing Documents, Legislation|

As we discussed in our main 2018 Community Association Legislative Update post, this year’s statutory amendments included one of the biggest efforts to date to help community associations avoid the disaster of their governing documents being extinguished by the Marketable Record Title Act (MRTA). As a basic premise, if a community’s governing documents are subject

20 08, 2018

Local Central Florida Governments Adopt Ordinances Registering and Taxing Short Term Rentals

Amendments, Community Association, Tenant/Landlord, Uncategorized|

Communities and local municipalities appear to be losing the battle in Tallahassee against the powerful lobbying efforts of the home sharing companies over the power to control transient rentals in residential neighborhoods.

The Florida Legislature in 2011 passed Fla. Stat. §509.032(7)(b) restricting any city or county from prohibiting, or regulating the duration or frequency of short-term