Tag Archives: Homeowners’ Association Law

Navigating Community Associations Through The COVID-19 Emergency: Common Element Considerations

Part IV: Common Element Considerations COVID-19 has affected community associations in various ways, and new obstacles during these times are presenting themselves daily.   Community associations will have to deal with many of these developments in stride and are expected to … Read Full Post

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Navigating Community Associations Through The COVID-19 Emergency: Assessment Collection Considerations

Part III: Assessment Collection Considerations During COVID-19 COVID-19 has affected community associations in various ways, and new obstacles during these times are presenting themselves daily.   Community associations will have to deal with many of these developments in stride and are … Read Full Post

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Navigating Community Associations Through The COVID-19 Emergency: Association Meetings

Part II: Association Meetings During COVID-19 COVID-19 has affected community associations in various ways, and new obstacles during these times are presenting themselves daily.   Community associations will have to deal with many of these developments in stride and are expected … Read Full Post

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Navigating Community Associations Through The COVID-19 Emergency: DBPR Orders Community Associations’ Emergency Powers Apply to COVID-19

Part I: Florida DBPR Orders Community Associations’ Emergency Powers Apply to COVID-19 COVID-19 has affected community associations in various ways, and new obstacles during these times are presenting themselves daily.   Community associations will have to deal with many of these … Read Full Post

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Is Time Running Out on Your Association’s Covenants and Restrictions? How to Preserve your Covenants and Restrictions under Florida Law

The Florida Marketable Record Title to Property Act (“MRTA”) can operate to extinguish interests in real property that were recorded prior to the “root of title” to a property.  In Florida, the root of title must be established by a … Read Full Post

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How to revive your HOA Covenants under Florida Law

If the Covenants and Restrictions for your Homeowners’ Association were recorded in the public records more than 30 years ago, they may no longer be enforceable against some or all of the properties within your community.  Unenforceable covenants create a myriad of problems, including an inability to collect association assessments and an inability to enforce aesthetic covenants that enhance property values within the community. Read Full Post

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Community Association Case Law Update: Selective Enforcement and Violations When Installing Hardwood Floors

Earlier this year the Third District Court of Appeals narrowed two significant unit owner defenses to enforcement actions, selective enforcement and waiver/estoppel when it decided Laguna Tropical, a Condominium Association, Inc. v. Barnave, Case No. 3D16–1531 (Fla. 3d DCA January 25, 2017). For more on the doctrine of Selective Enforcement, please review our October 2014 blog posting. Read Full Post

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What Condominium Owners Should Know About Developer Turnover of the Association: Part I

During the construction and initial sales of units within a condominium association, the developer will manage the association’s operations and governance. This means the developer controls the association’s board of directors. Once the development is constructed and a certain percentage of the units are sold, then turnover of control of the association to the unit owners must occur. What follows is an overview of what every condominium owner should know about developer turnover of the association. Read Full Post

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Can a Condominium Association Face a Second Foreclosure Suit?

The Florida Supreme Court’s recent decision in Bartram v. U.S. National Bank Association is instructive for condominium associations and community managers dealing with a unit in foreclosure, including those trying to determine whether or not to appear and defend a foreclosure by the lender, even though it does not deal directly with a condominium or the Florida Condominium Act. Read Full Post

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Requirements to Challenging an Association Election Through Arbitration

Hardly anything generates more buzz and quarrel within community associations than the annual board of director elections. During the annual meeting and election season, numerous legal inquiries are made regarding the law on the election process, election disputes and challenging election results. Challenging an election requires meticulous and timely action. This blog post discusses the requirements to challenging a community association election through the mandated arbitration process. Read Full Post

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