Learn about mandatory mediation for certain disputes in Florida before filing a lawsuit, and the special requirement for written settlements reached in mediation. The recent Parkland Condominium Association Case sets an example of the importance of parties, attorneys, and mediators ensuring all parties sign a settlement agreement for it to be enforceable. Discover the details of this case and the general rule of law in Florida that favors enforcing settlements whenever possible.
Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. If a unit owner fails to pay, the association may record the unpaid assessment as a lien against the property and eventually file for foreclosure. However, to perfect the assessment as a […]
Ownership of waterfront property is very desirable in Florida and often involves unique real property considerations. As a result, a subset of real property law has emerged to address what is called “riparian rights.” Riparian rights include the rights of ingress, egress, boating, bathing, fishing and even the right to […]
On May 26, 2022, Florida Governor Ron DeSantis signed the Building Safety Act for Condominium and Cooperative Associations (“Building Safety Act”) into law. The Building Safety Act brings sweeping changes to Florida’s condominium and cooperative association laws, particularly regarding building inspections and reserves. This article will provide an overview of […]
Is your association breaking the law? 50/50 raffles are fundraisers commonly hosted by community associations. These raffles are often very successful and generate significant engagement as half the proceeds go to the raffle winner. However, if your association is hosting a 50/50 raffle, the association is most likely breaking the […]
In many condominium associations, unit owners sometimes question decisions made by the association’s board members. In Florida, those association board member decisions are governed by what is known as the business judgment rule. That rule affords broad protection to board decisions. One Florida court recently addressed the scope of the […]
What happens when a proposed revitalization of covenants, restrictions, and other governing documents under the Marketable Record Title Act (MRTA) is denied by the Department of Economic Opportunity (DEO)? While MRTA revitalization may appear to be a relatively straightforward process, as outlined within Chapter 712 Fla. Statutes, approval of the […]
Chapter 712 of the Florida Statutes, commonly known as the Marketable Record Title Act (“MRTA”) was enacted in 1963 with the goal of simplifying the transfer of property by extinguishing certain covenants and restrictions after thirty years. This poses a challenge for homeowners’ and community associations as it can inhibit […]
The holiday season is a time of celebration. Homeowners often take part in the celebration by decorating their homes with a variety of decorations and lights to suit the season. However, these holiday decorations are often left out long after the season ends. This article will provide an overview of […]
When lawsuits are filed, sometimes the prevailing party is entitled to attorney’s fees. As a general rule in Florida, those attorney’s fees may only be awarded if a statute or contract allows for them. See State Farm Fire & Cas. CO. v. Palma, 629 So.2d 830, 832 (Fla. 1993). For […]