Category: Legal Morsels

The Third District Court of Appeal has completed its second review of the issues involved in the controversial decision from 2013 regarding “joint and several” obligations of owners for unpaid assessments.  (This decision involves only condominiums in light of changes made to Chapter 720 of Florida Statutes in 2013.)  In Aventura Management, LLC, v. Spiaggia Ocean Condominium Association, Inc., Case No. 3D13-1437, March 5, 2014, the appellate court was presented with what it considered to be the same issue previously decided in Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc, 105 So. 3d 637 (Fla. 3d DCA 2013) (identified by the Court in its decision as “Spiaggia I“).

Continue reading “Appellate Court Reiterates Prior Ruling In Second Spiaggia Appeal”

Whenever there is an official meeting of a condominium or homeowner association, be it the board of directors, a committee or a membership meeting, a record of the meeting should be kept.  The content of the record, which are in the form of “minutes” or “resolutions”, are often the subject of debate and misunderstanding among board members and unit owners.  The primary functions of the minutes are to identify who is present at the meeting and the actions taken by the group.

Continue reading “Minutes Of Association Meetings: What They Should And Should Not Be”

The Third District Court of Appeal has attempted to further define the principle regarding what resulted in the protection of certain third party purchasers at lender foreclosure sales involving condominium units and affecting condominium associations, initially set forth in the case of Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc. early in 2013. However, the latest decision seems to have made the issue less clear and upon careful reading, may not be in accordance with the provisions of the relevant Statute on this topic.

Continue reading “Appellate Court Tries To Clarify Prior Ruling In Spiaggia Case Involving Issue Of “Joint And Several Liability” Under The Statute”

In changes made during the 2013 Legislative Session, House Bill 7119 made modification to Section 720.303 of Florida Statutes, adding a new subsection (13), which requires all homeowners associations to register with the Department of Business and Professional Regulation (DBPR) prior to November 22, 2013.  The DBPR has announced the creation of a website for homeowners associations to complete the registration at www.myfloridalicense.com/hoa.

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The Board of County Commissioners for Broward County will be holding a public hearing on Tuesday, September 10, 2013, at 2:00 p.m., in Room 422 of the Governmental Center, to consider a proposal to revise Section 16 ½ and add a new Section 16 ½ – 35.6, purportedly regarding restrictions on discrimination in housing.  This issue is of significant importance to community associations in Broward County and needs your attention.

Continue reading “Broward County Considering New Ordinance Which Negatively Affects Associations”

Many communities throughout Florida have been developed with multiple levels of associations.  In these instances, the home within the community is typically subject to provisions of the governing documents for each of the associations.  Often, the documents of an association that operates and manages property that is common to several other communities (a “Master Association”) provide that the “Member” of the Master Association is the association that operates one of the subdivisions within the community (a “Sub-Association”).  When documents are written in such a manner, questions arise as to the rights and obligations of the individual homeowners relative to the Master Association, such as entitlement to attend meetings of the board of directors and undertake record inspections.  In a recent decision of the Florida Fifth District Court of Appeal, the Court decided that if the homeowner is obligated to pay assessments for the benefit of the Master Association, that homeowner is a “Member” of the Master Association, with all such entitlements.

Continue reading “Court Clarifies Status Of Owner As “Member” of Master Association”

On June 7, 2013, the Governor signed House Bill 87 into law, effective immediately, amending portions of the Statutes governing residential mortgage foreclosures in Florida.  Although many of the amended provisions within this Bill, and in particular in Chapter 702 of Florida Statutes do not directly affect community associations, a change to the legal procedures which govern how mortgage foreclosure cases can be moved through the court system offers possible benefits to those associations which have been burdened by lagging lender foreclosures, under certain circumstances.

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On June 7, 2013, the Governor signed House Bill 77 into law, effective July 1, 2013.  This Bill amends Chapter 83 of Florida Statutes, involving landlord/tenant issues.  With respect to the effect of amendments on community association interests, Section 83.64(1), F.S. was revised to add provisions which make it unlawful for a landlord to retaliate against the tenant, by way of threatening legal action for possession or to increase the rent, if the tenant pays the rent to a condominium, cooperative or homeowners’ association after demand from the association, in order to pay the landlord’s obligation to the association.  This new language supports  the right of the condominium, cooperative or homeowners’ association to demand rent from tenants of delinquent owners, as has been provided for in recent years in Chapters 718, 719 and 720 F.S.

Continue reading “New Legislation (House Bills 77 and 999)”

On June 14, 2013, the Governor signed into law the proposed legislation identified as House Bill 7119, which primarily makes changes to Chapter 720 of Florida Statutes, for homeowners associations.  The one item of change in the Bill outside of Chapter 720 F.S. is the creation of a new subsection (7) to Section 468.436(2) F.S., relating to licensed community association managers.  The new provision indicates that disciplinary action may be taken against a manager for violations of any provision of Chapter 718, 719 or 720 F.S., while performing community association management services.

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