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Author: Jimerson Birr

The Association Board, Committees & Meetings

December 22, 2020 FAQs

Q: What is considered a board meeting? A: A condominium board meeting is defined as any gathering of the members of the board of directors, at which a quorum of the members is present, for the purpose of conducting association business. This could include a dinner where board members have […]

Association Specific Considerations, Rights & Requirements

December 22, 2020 FAQs

 Q: Is the association required to maintain official records? A: The official records of the association must be maintained within the state for at least 7 years.  As of January 1, 2019, an association managing a condominium with 150 or more units shall post digital copies of many of the official records on […]

Statutes, Codes & Definitions in General

December 22, 2020 FAQs

Q: What laws and documents affect condominiums? A: Condominiums are affected by Florida Statutes, Florida Administrative Code, the declaration of condominium, the articles of incorporation, the bylaws of the association, and the rules and regulations promulgated by the condo board. Q: What section of the Florida Statutes applies to condominiums? […]

Liens and Distress Actions

December 22, 2020 FAQs, Resources

Q: What is the landlord’s lien for rent ? A: Section 83.08, Florida Statutes, provides that a landlord has a lien for unpaid rent upon the tenant’s personal property. The lien is upon all agricultural products raised on the rented property, upon all other property of the tenant “usually kept […]

Removal Actions, Rights and Remedies

December 22, 2020 FAQs

Q: Does a tenant have recourse against a landlord that removes the tenant without legal process? A: Possibly. If the landlord takes possession from the tenant without legal process, the tenant may bring an action for unlawful entry and detainer. It is irrelevant to such action that the tenant’s possession […]

Duties of the Parties & Landlord Liability

December 22, 2020 FAQs

Q: Is a tenant liable for breach of contract for “going dark?” A: Yes, in some circumstances. A tenant will be liable to the landlord for “going dark” if the lease expressly or impliedly includes a covenant of continuous operation. Assuming there is no such express provision in the lease, […]

Leases

December 22, 2020 FAQs

Q: Under Florida law, is an oral lease enforceable? A: Yes, as a tenancy at will. However, Florida’s Statute of Frauds law provides that a lease for longer than one year must be in writing to be enforceable. Nonetheless, an oral lease that is payable monthly is a month-to-month tenancy […]

Definitions and Statutes

December 22, 2020 FAQs

Q: What section of the Florida Statutes applies to commercial landlord-tenant relationships? A: Florida landlord tenant law is found in Florida Statutes, Chapter 83, and consists of three parts. Part I discusses nonresidential or commercial tenancies. Part II discusses residential tenancies and Part III discusses self-service storage space. Source: Fla. […]

Bankruptcy and its Effects on Foreclosure Proceedings

December 22, 2020 FAQs

Q: How does the borrower filing bankruptcy change my commercial foreclosure filing? A: The filing of bankruptcy by a mortgagor has become a common response to a foreclosure proceeding. The mortgagor may file a voluntary petition under the Bankruptcy Code and become a debtor under Chapter 7 (liquidation), Chapter 11 […]

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