Blogs & Resources

The Florida Legislature, in 2014, amended the section of the Florida Condominium Act concerning liens for unpaid condominium assessments and who shoulders that liability. Specifically, Section 718.116(1)(a) was amended to make clear that an association’s temporary ownership of a certain unit does not wipe out the unpaid assessment balance which existed on that unit prior to the association’s ownership. This change was the legislature’s strong reaction to the 2013 case, Aventura Management, LLC v. Spiaggia. This Blog post will discuss how that case prompted this amendment to the Florida Condominium Act and explain how this revised statute greatly benefits and protects condominium associations going forward.

Representing real estate developers, we are often asked how damages are calculated when the State of Florida takes a building in eminent domain. The answer is that it depends (don’t you love lawyerly answers?), but for the most basic scenario, we’ll analyze a taking that will require destruction of the entire building and for round numbers, we’ll say that the building has a fair market value of one million dollars. In short, under applicable Florida statutes and case law, fair market value of land and any additional factor impacting the value of the condemned property are factors to determine full compensation. The specific facts of the case will determine if any other applicable compensation is awarded.

Every so often condo associations must deal with one or more abandoned units within their communities. Whether the result of owners unable to secure a tenant or lender foreclosure actions, abandoned units can create serious issues for an association such as the growth of hazardous mold, insect infestation and other forms of unit deterioration. Sometimes a prior owner will leave a unit in an uninhabitable condition or even purposefully destroy parts of the unit, which isn’t discovered until after a foreclosure sale. Abandoned units in poor condition can lead to damage to the common elements and limited common elements if not timely addressed. The Florida Condominium Act enables associations to be proactive when these circumstances arise and provides various remedies to associations dealing with these predicaments. This Blog post will discuss condo associations’ rights and remedies concerning abandoned and foreclosed units in disrepair.

As per Section 718.111(a), Florida Statutes, the officers and directors of a condominium  association owe a fiduciary duty to their unit owners. Fla. Stat. § 718.111(a) (2013). However, the statute does not specify whether the community association managers contracted by the board, owe a fiduciary duty to the association as […]

Our recent Blog posts on real estate law have discussed the claims a seller of property can bring against a buyer who breaches a real estate sales contract and also the claims a buyer may bring against the seller when a breach has occurred. One post has also covered the seller’s disclosure obligations when entering into a real estate sales contract. These posts have peripherally mentioned the remedy of specific performance without giving much additional detail. This post will delve further into this remedy and discuss when specific performance is available to a buyer or seller when the other party has breached the real estate sales contract.