When it comes to community associations, nothing generates more conflicts and disputes than a hotly contested election for the association’s board of directors. Most often, the debate involves whether or not, under Florida law, a certain individual is even eligible to serve on the association’s board.
Florida’s Third District Court of Appeals has made it even harder for Florida’s associations to survive within this tough market environment. For decades, Florida law was interpreted as to always require the purchaser of a residential foreclosure to pay the past-due assessments owed to an association by the previous property owner. The Third District, however, has altered the interpretation of that law. In the case of Aventura Management, LLC v. Spiaggia, the Third DCA held that associations can now be considered jointly and severally liable for past-due assessments in certain situations. 105 So.3d 637 (Fla. 3d DCA 2013).
Nothing in life is free, and that applies to living in a nice neighborhood as well. Whether it is a neighborhood of condominiums or single family homes, the cost of maintenance and upkeep often falls to those living within that community. And when an association is delegated the duty of maintaining the neighborhood, that association will charge its residents a periodic assessment, which is due usually monthly or quarterly. Such associations function best when all property owners contribute by making timely assessment payments.
By: Austin B. Calhoun J.D. 2013
In Jacksonville, Florida, do you have the right to cut down trees on your own property at will? You might be surprised to learn the answer is “no.” Having recognized the vital role trees play in our ecosystem, Jacksonville, Florida has enacted tree removal laws to protect against the over-destruction of trees. In sum, these laws require a permit to remove “protected” trees, require mitigation for removed trees, and empower the city to enforce civil fines and criminal punishment for violation.
Likely not; however, the Court’s recent decision leaves the issue open to interpretation. On March 7, 2013 the Florida Supreme Court published an opinion limiting the Economic Loss Rule to products liability actions. Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Companies, Inc., 38 Fla. L. Weekly S151a, WL 828003 […]
The depressed economy and housing market of the past several years has hit Florida’s timeshare industry especially hard. As unit owners become delinquent on their management fees and default on their payments, timeshare management associations find themselves in a credit crunch due to decreased revenues. Many associations are seeking ways to increase, or simply maintain, their revenue stream. If the association has the capacity and oversight capability, managing its own unit owner exchange program can be an excellent means of creating additional revenue.
Homeowners’ Associations (HOAs) have remedies available, under Florida law, when its residents fail to pay their periodic HOA assessments in a timely manner. One such remedy is a statutory lien pursuant to Chapter 720, Florida Statutes. According to Florida law, when a community is subject to mandatory HOA fees, the HOA has the statutory authority to levy assessments and to secure its claim for any unpaid assessments by placing a lien on the debtor’s property within that community. Fla. Stat. § 720.3085(1).
Ownership of waterfront property is very desirable in Florida and often involves unique real property considerations. When it comes to private waterfront property ownership, it can be difficult to distinguish where the private land rights cease and the sovereign land ownership begins. As a result, a subset of real property […]
Under Florida law, it is better for an HOA to charge installment dues over the course of a year rather than allow for a lump sum payment at the beginning of each year. This is because post-petition debts, including post-petition HOA fees, are not dischargeable in a bankruptcy.
For well over a century, Florida’s Constitution has made the homestead exempt from the claims of creditors. Public Health Trust v. Lopez, 531 So. 2d 946, 948 (Fla. 1988). Florida’s constitutional provisions provides one of the most debtor-friendly homestead exemptions in the country, and debtors are permitted to divert substantial assets to the purchase of new and extravagant homes that can be shielded from creditors. Florida’s Unlimited Homestead Exemption Does Have Some Limits: Part I, 77 Fla. Bar J. 60 (2003). There are, however, exceptions to the rule. This blog post will focus on one exception: the creditor’s ability to collect on homestead property located in a municipality that exceeds one-half acre.