The Legislative Session for 2011 has produced a few significant changes to the Co-operative Act (Chapter 719 F.S.). The following is a summary of these changes and an identification of the particular affected sections. Please note that this summary is not intended to be an exhaustive explanation of the intricate detail of the changes nor is it to be considered complete legal advice on the subject. Continue reading “New Legislation Affecting Co-operative Associations as of July 1, 2011”
New Legislation Affecting Homeowners’ Associations as of July 1, 2011
The Legislative Session for 2011 has produced a few significant changes to Chapter 720 F.S. affecting Homeowners’ Associations, as well as other Chapters of Florida Statutes that affect community associations, as found in House Bill (HB) 1195, which become effective July 1, 2011. The following is a summary of changes most relevant to the operation of the association and an identification of the particular affected sections. Continue reading “New Legislation Affecting Homeowners’ Associations as of July 1, 2011”
New Legislation Affecting Condominium Associations as of July 1, 2011
The Legislative Session for 2011 has produced a number of significant changes to the Condominium Act (Chapter 718 F.S.), as well as other Chapters of Florida Statutes that affect condominiums, as found in House Bill (HB) 1195, which become effective July 1, 2011. The following is a summary of changes most relevant to the operation of the association and an identification of the particular affected sections. Continue reading “New Legislation Affecting Condominium Associations as of July 1, 2011”
How Community Associations Should Properly Handle Service Animal Requests
Board members are frequently approached by a resident requesting to maintain a service animal in the community, despite restrictions, or even a complete prohibition against “pets” being kept on the property within the governing documents of the community. Often, board members have concerns that if they grant the request, Continue reading “How Community Associations Should Properly Handle Service Animal Requests”
Decision of 4th DCA Creates Potential Confusion Regarding Foreclosure Defenses
The Fourth District Court of Appeals has reversed a summary judgment in favor of a homeowner association in a commercial center in which the property owner had raised the negligence of the association in maintaining the property as an affirmative defense to its failure to pay assessments. Continue reading “Decision of 4th DCA Creates Potential Confusion Regarding Foreclosure Defenses”
Holding of Florida Supreme Court In Cohn v. The Grand Condominium Association, Inc. Reiterates Existing Law
On March 31, 2011, the Florida Supreme Court published its decision in Cohn v. The Grand Condominium Association, Inc., SC 10-430, which confirms the principle that certain statutes adopted by the State Legislature may not be applicable to existing condominiums. Continue reading “Holding of Florida Supreme Court In Cohn v. The Grand Condominium Association, Inc. Reiterates Existing Law”
Alternative to the Statutory Insurance-Related Repair and Replacement Requirements on Associations Under Section 718.111(11) of Florida Statutes
Since 2008, the boards of many condominium associations have expressed concern, confusion and frustration with the significant changes made to the insurance requirements in Section 718.111(11) of Florida Statutes. Continue reading “Alternative to the Statutory Insurance-Related Repair and Replacement Requirements on Associations Under Section 718.111(11) of Florida Statutes”
Property Taxes and Their Affect on Association Foreclosures of Assessments
In this current economic climate, property owners are falling behind in not only their mortgage and association payments, but also in their annual real property taxes. While historically, Continue reading “Property Taxes and Their Affect on Association Foreclosures of Assessments”
Appellate Court approves the setting of a lender foreclosure sale over the objection of the lender.
The Florida Fifth District Court of Appeal, in Central Florida, has published a holding that effectively allows parties other than the foreclosing lender to set the foreclosure sale on the property that is subject to the mortgage foreclosure. Continue reading “Appellate Court approves the setting of a lender foreclosure sale over the objection of the lender.”
Lien Stripping
In the current economic conditions that are affecting most community associations in South Florida, as well as in much of the Country, delinquent assessments have resulted in a higher volume of collection activity by associations than in more traditional times. As a consequence of these factors, Continue reading “Lien Stripping”
