11 03, 2019

AriasBosinger Awarded Top Community Association Law Firm Honors for Fourth Consecutive Year

Press Releases|

Orlando, FL – Florida Community Association Journal magazine announced its fifth annual Readers’ Choice Award winners in the March 2019 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

5 03, 2019

Condominiums Can Be Subject to Extinguishment Under The Marketable Record Title Act

Court Decisions of Importance, Governing Documents, Marketable Record Title Act (MRTA)|

An interesting new decision out of Florida’s Second District Court of Appeal addresses whether an Association, whose members are unit owners within a condominium, was entitled to revive its declaration of covenants and restrictions pursuant to the Marketable Record Title Act (MRTA) as it existed in 2016.

As we have addressed in previous posts, generally speaking,

15 02, 2019

DBPR’s Condominium Division Increases Disciplinary Civil Penalties Against Associations

Civil Penalties, Condominium Association, DBPR|

Many community associations unwittingly operate contrary to the requirements of Florida law. Those mistakes can prove costly. Pursuant to section 718.501(1)(d)(6), F.S. and Chapter 61B-21 of the Florida Administrative Code, the Division of Florida Condominiums, Timeshare and Mobile Homes (“Division”) sets forth disciplinary guidelines and civil penalties against condominiums and cooperatives for violations of Florida

1 02, 2019

The ABCs of AOBs: Whether Your AOB is A’OK Depends on Your Insurance Policy’s Language and Perhaps Your Local DCA

Insurance|

Generally, following an insured loss, the policy holder, or insured, files a claim for the loss and then submits receipts or invoices for repairs to its insurance carrier in order to receive reimbursement. However, sometimes repairs are too costly to pay for out-of-pocket. That is where an assignment of benefits (“AOB”) may come in handy.

15 01, 2019

When Does Interest Accrue on Delinquent Assessments?

Assessment Collection, Community Association, Condominium Association|

The ability to collect interest for delinquent assessments is found in a community associations governing documents and is also recognized in Fl. Stat. Chapters 718 for condominium associations and 720 for homeowner associations. Specifically, section 718.116(3), Florida Statutes for condominium associations provides in part that unpaid assessments shall bear interest from the due date until

2 01, 2019

Court Decision Touches on Condominium Airspace Property Rights

Condominium Association, Court Decisions of Importance|

In property law, owning land includes owning the earth under the surface and air above the surface. Florida’s First District Court of Appeals recently addressed airspace condominium parcel rights in Sterling Breeze Owners’ Ass’n, Inc. v. New Sterling Resorts, LLC, Case No. 1D17-1553 (September 5, 2018).

The developer of Sterling Breeze built a 145 residential unit,

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