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 […]
On July 1, 2021, Senate Bill 56 went into effect along with Senate Bill 630. While both bills affect the laws governing Florida condominium and homeowners’ associations, Senate Bill 56, specifically, changed the collection and notification procedures for these associations. This article provides an overview of how Senate Bill 56 […]
Disputes over the party responsible for the maintenance of various areas of a condominium complex are common. Disagreements frequently arise between unit owners and an association over whether the association or the owner is responsible for the maintenance and upkeep of a particular area. This blog post provides an overview […]
The recent tragedy of the Champlain Tower collapse in Surfside, Florida, has brought an even greater focus on building safety and maintenance by governments, building owners, and condominium and community associations throughout Florida. As efforts are made to inspect and ensure the safety of buildings across the state, building owners, […]
LEGAL ALERT // Urgent Guidance for Community Associations Regarding Property Inspections and Preparation As the tragedy in Surfside continues to develop, like many around the country, we are struck by the senseless loss of lives. Our hearts go out to the victims and their families in this time of incomprehensible […]
On June 14, 2021, the Florida Legislature sent Senate Bill 630 to Governor DeSantis to be signed into law. Senate Bill 630 went into effect on July 1, 2021. Senate Bill 630 contains many changes to Chapters 718 and 720, Florida Statutes, which govern condominium and homeowners’ associations, respectively. Most […]
Under Florida law, condominium association (“CA”) board of directors members and homeowners’ association (“HOA”) board of directors members owe fiduciary duties to their associations and the unit or home owners they serve. This generally means that directors must place the interests of the association above their own self-interest and take […]