Monthly Archives: September 2014
A Condo Association’s Remedies Against Tenants Who Violate the Association’s Declaration, Rules and Regulations
By Hans C. Wahl, Esq.
Every condo association finds itself having to deal with tenants who break the association’s rules and regulations. While the association’s governing documents may allow it to take certain actions against those tenants, the Florida Statutes provide for remedies as well. Specifically, Section 718.303, Florida Statutes, defines the obligations of not only unit owners but also their tenants and explains the remedies available to an association when those tenants violate its rules. This Blog post will discuss in detail a condo association’s statutory remedies against those tenants who violate the association’s declaration, rules and regulations. Read Full Post
An important aspect of condominium association law is responding to estoppel requests from prospective purchasers or those who take title to a condominium unit by foreclosure. The nature of the request will be the new owner or lender requesting the … Read Full Post
The Florida Homeowners’ Construction Recovery Fund was created under Chapter 489, Florida Statutes as a separate account in the Professional Regulation Trust Fund. The recovery fund shall be funded pursuant to s. 468.631. Its purpose is to provide relief for … Read Full Post
By Austin B Calhoun
Vendors are sometimes presented with customers going into bankruptcy. Vendors experienced in this dilemma are aware of preference actions pursuant to 11 U.S.C. § 547(b), whereby the trustee seeks to recover from the vendor all payments received from the debtor within the 90 day period prior to petition. There are various mechanisms and defenses a vendor can employ to block preference action recovery. One such tool is the critical vendor doctrine. This blog examines the steps a vendor must take to successfully implement the critical vendor doctrine in Florida bankruptcy courts. Read Full Post
Due to poor mid-2000’s construction, the area of construction defect litigation is booming. Across the country, numerous owners are grappling with issues of shoddy construction and defective building materials. One of the most common reasons for defect litigation, aside from shoddy construction and poor workforce supervision, results from defective building materials that allow water intrusion. Unchecked water intrusion into the exterior walls of a building can cause pervasive rot problems within a few months following completion of a building. Due to the climate in Florida, this is an oft-diagnosed and litigated issue in Florida condominiums. Read Full Post
By Hans C. Wahl, Esq.
The Florida Condominium Act provides that an association has “the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association.” Fla. Stat. § 718.111(5)(a). It is tempting for an association to interpret that language too broadly, possibly subjecting itself to liability if a unit owner’s objection to an association’s demand for access to his or her unit leads to legal action. That was the situation in the recently decided case, Small v. Devon Condo B Ass’n., Inc., No 4D10-2302 (Fla. 4th DCA April 2, 2014). This Blog post will discuss that case in which Florida’s Fourth District Court of Appeal made clear that a condo association’s demand for unit access must be “reasonable and necessary.” Id. Read Full Post
The Differences Between Homeowners Association and Condominium Association Law in Florida – Part III: Construction Defects, Statute of Limitations and Liens
Our first post, the first of a three part series, discussed the differences between homeowners association and condominium association law in Florida pertaining to basic board operations. The second post discussed the differences between homeowners association and condominium association law in Florida pertaining to records inspections and alterations to property. This third, and final, post discusses certain differences between homeowners association and condominium association law in Florida pertaining to construction defect litigation and other issues regarding litigation. Read Full Post
The Florida Condominium Act provides the process for a condo association to file a foreclosure action for recovering a unit owner’s unpaid assessments. That process includes sending the required statutory notices to unit owners and recording a claim of lien for those unpaid assessments in the county’s official records. Once those pre-suit actions are satisfied an association may move forward with a foreclosure action if a unit owner has not paid the past-due amount owed.
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