Blogs & Resources

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.

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.

Owning property is a major step in life, and part of the American Dream. Having marketable title to the property is vital to achieving this major step. There are many common title defects that can be avoided with proper due diligence. When real estate titles are defective, or unmarketable, the value is substantially diminished; that is, until the title issue is resolved. This post will discuss common title defect issues, and ways to resolve these issues.

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.

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.

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.

This is Part III in a series of Blog posts discussing the process for the termination of condominiums according to Section 718.117 of the Florida Condominium Act. Part I of this series focused on the process for termination due to economic waste or impossibility to continue. Part II discussed the optional termination process, which was added to the statutes in 2007. This Blog post provides an overview of the plan of termination and the required provisions to be included in the plan according to the Florida Statutes.

As discussed in Part I of this Blog series, two scenarios lead to most of the termination of condominiums: 1) the condominium is in a nearly uninhabitable condition and the cost of construction or repairs exceeds the projected fair market value of the condominium property (often due to natural disasters); or 2) the condominium is located on prime real estate and a developer has made an offer to purchase the property for alternative development. Part I focused on the former reason and discussed condominium terminations due to economic waste or impossibility of continuing. This Blog post concerns the “optional termination process” established by the Florida legislature in the 2007 revision of the Florida Condominium Act’s termination provisions. See Fla. Stat. §718.117(3).

The U.S. District Court for the Southern District of Florida, on January 3, 2014, issued an opinion explaining what Florida associations can demand from first mortgagees who are protected by the Safe Harbor provisions of the Condominium and Homeowners’ Association Acts. In United States of America v. Forest Hill Gardens East Condominium Association, the court clarified what charges are included under the terms “common expenses” and “regular assessments” as found within the Florida Statutes. U.S. v. Forest Hill Gardens East Condo Ass’n, 2014 WL 28723 (S.D. Fla. Jan. 3, 2014). In short, the court determined that interest, late fees, collection costs and attorneys’ fees were not “common expenses” or “regular periodic assessments” for which first mortgagees were liable under Florida’s Safe Harbor provision. Id. at 1.

Have you ever heard the term “right of first refusal” in connection with real estate, commonly referred to as a “ROFR,” and wondered what it meant? Even if you are familiar with the term, have you ever wondered what may or may not trigger a ROFR? This Blog addresses exactly these issues.