Tag Archives: Condominium Law
By: Charles B. Jimerson, Esq.
Any classification of the condominium begins with the declaration of condominium, which sets forth the boundaries of an individual’s unit. In addition, an owner owns an undivided share of the common elements, i.e., “portions of the condominium property not included in the units.” Fla. Stat. § 718.103(8). Read Full Post
A Condo Association’s Lien Foreclosure Does Not Extinguish the Outstanding Past-Due Assessments Owed by the Previous Owner
By Hans C. Wahl, Esq.
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. Read Full Post
By Hans C. Wahl, Esq.
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. Read Full Post
Condo Associations Must Thoroughly Review Lender’s Documents Before Conceding That Lender is Entitled to First Mortgagee Protection Under Fla. Statute 718.116(1)(b)
A crucial section of the Florida Condominium Act, which directly and significantly affects the assessment revenue and yearly budget for all associations, is Section 718.116(1)(b), Florida Statutes. That section has become known as the first mortgagee’s “safe harbor protection” because … Read Full Post
Condo Associations and HOAs Can Violate the Fair Housing Act By Not Timely Responding To A Unit Owner’s Request To Keep A Service Dog
On March 19, 2014, the U.S. District Court for the Southern District of Florida issued an opinion of which all condominium association and HOA board members should be aware. That case, Sabal Palm Condominium of Pine Island Ridge Association, Inc. v. Fischer, involved a resident’s request to keep a service dog due to her disability. The court ultimately determined that the condo association violated federal law in its unsatisfactory response to that request. Specifically, the court held the condo association’s actions violated the Fair Housing Act, 42 U.S.C. § 3601 et seq. (“FHA”). Read Full Post
This is the final edition in a series of Blog posts dedicated to explaining the process for the termination of condominiums according to the Florida Condominium Act. This series has provided an overview of the entire termination of condominium process from the reasons for seeking termination (part I; part II), to the written plan of termination (part III; part IV) and the persons involved in carrying out the plan (part V). Arguably, the most important part of the process is allocating the sale proceeds once the plan of termination has been completed. This Blog post will discuss that process and provide the statutory requirements for distributing assets and allocating proceeds. Read Full Post
This is Part VI in a series of Blog posts dedicated to explaining the process for the termination of condominiums according to the Florida Condominium Act. Previous posts in this series discussed terminating condominiums due to economic waste (part I); the optional termination process (part II); the written plan of termination (part III); executing the written plan of termination (part IV); and the termination trustee (part V). During the time a plan of termination is effective and the condominium is being terminated, the powers to carry out the process are mostly concentrated within the trustee and the association, as represented by the board of directors. However, there may be times when it is necessary to have a receiver appointed to execute the plan of termination and to conclude the affairs of the association. This Blog post will discuss the process for appointing a receiver and the duties of that receiver once appointed. Read Full Post
This is Part V in a series of Blog posts dedicated to explaining the process for the termination of condominiums according to the Florida Condominium Act. Previous posts in this series discussed the process of termination due to certain events such as economic waste, impossibility to continue as a condominium, and the purchase of condominium property by a developer. Part III and Part IV also explained the required provisions for a plan of termination and what must be done after the plan is executed and in effect. This Blog post describes the powers of the association and the trustee during the termination of condominium process. Read Full Post
This is Part IV in a series of Blog posts dedicated to explaining the process for the termination of condominiums according to the Florida Condominium Act. Previous posts in this series discussed the process of termination due to economic waste, the impossibility to continue as a condominium, and the purchase of condominium property by a developer. Part III explained the required provisions within a plan of termination. This post explains the steps that must be taken to properly execute the plan of termination and what must be done after the plan is executed and in effect. Read Full Post
Section 718.111(12) of the Florida Condominium Act and Rules 61B-22.002, 61B-22.003(3), 61B-23.002(7) and 61B-23.0021(13) of the Florida Administrative Code provide guidelines for the maintenance and inspection of the association’s official records. Part 1 of this 3 part blog identified what records constitute official condominium association documents. Part 2 of this blog identified what records are specifically exempt from inspection by unit owners. This posting will identify specific official records retention requirements and logistical considers associated with unit owner inspections of official records. Read Full Post