Monthly Archives: September 2014

A Condo Association’s Remedies Against Tenants Who Violate the Association’s Declaration, Rules and Regulations

By Hans C. Wahl, Esq.

Every condo association finds itself having to deal with tenants who break the association’s rules and regulations. While the association’s governing documents may allow it to take certain actions against those tenants, the Florida Statutes provide for remedies as well. Specifically, Section 718.303, Florida Statutes, defines the obligations of not only unit owners but also their tenants and explains the remedies available to an association when those tenants violate its rules. This Blog post will discuss in detail a condo association’s statutory remedies against those tenants who violate the association’s declaration, rules and regulations. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas:

Condominium Estoppel Certificates

By Christopher M. Cobb, Esquire

An important aspect of condominium association law is responding to estoppel requests from prospective purchasers or those who take title to a condominium unit by foreclosure. The nature of the request will be the new owner or lender requesting the current outstanding balance due for condominium assessments for the unit. In addition, unit owners for condominiums can make such requests. Within 15 days after receiving a written request from a unit owner or his or her designee, or a unit mortgagee or his or her designee, the association shall provide a certificate signed by an officer or agent of the association stating all assessments and other moneys owed to the association by the unit owner with respect to the condominium parcel. The condominium estoppel certificate is governed by Section 718.116 (8), Florida Statutes. Read Full Post

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Florida Homeowners’ Construction Recovery Fund

By Christopher M. Cobb, Esquire

The Florida Homeowners’ Construction Recovery Fund was created under Chapter 489, Florida Statutes as a separate account in the Professional Regulation Trust Fund. The recovery fund shall be funded pursuant to s. 468.631. Its purpose is to provide relief for Florida homeowners who have been harmed by licensed Division I contractors. This post will discuss the ins and outs of the Recovery Fund and who is eligibility to receive an award. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Critical Vendor Payments: What Are They and When Do Bankruptcy Courts Authorize Them?

By Austin B Calhoun

Vendors are sometimes presented with customers going into bankruptcy. Vendors experienced in this dilemma are aware of preference actions pursuant to 11 U.S.C. § 547(b), whereby the trustee seeks to recover from the vendor all payments received from the debtor within the 90 day period prior to petition. There are various mechanisms and defenses a vendor can employ to block preference action recovery. One such tool is the critical vendor doctrine. This blog examines the steps a vendor must take to successfully implement the critical vendor doctrine in Florida bankruptcy courts. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

An Overview of Condominium Defect Litigation in Florida

By: Charles B. Jimerson, Esq.

Due to poor mid-2000’s construction, the area of construction defect litigation is booming. Across the country, numerous owners are grappling with issues of shoddy construction and defective building materials. One of the most common reasons for defect litigation, aside from shoddy construction and poor workforce supervision, results from defective building materials that allow water intrusion. Unchecked water intrusion into the exterior walls of a building can cause pervasive rot problems within a few months following completion of a building. Due to the climate in Florida, this is an oft-diagnosed and litigated issue in Florida condominiums. Read Full Post

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Condo Association’s Demand to Access Units Must Be “Reasonable and Necessary”

By Hans C. Wahl, Esq.

The Florida Condominium Act provides that an association has “the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association.” Fla. Stat. § 718.111(5)(a). It is tempting for an association to interpret that language too broadly, possibly subjecting itself to liability if a unit owner’s objection to an association’s demand for access to his or her unit leads to legal action. That was the situation in the recently decided case, Small v. Devon Condo B Ass’n., Inc., No 4D10-2302 (Fla. 4th DCA April 2, 2014). This Blog post will discuss that case in which Florida’s Fourth District Court of Appeal made clear that a condo association’s demand for unit access must be “reasonable and necessary.” Id. Read Full Post

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The Differences Between Homeowners Association and Condominium Association Law in Florida – Part III: Construction Defects, Statute of Limitations and Liens

By: Charles B. Jimerson, Esq.

Our first post, the first of a three part series, discussed the differences between homeowners association and condominium association law in Florida pertaining to basic board operations. The second post discussed the differences between homeowners association and condominium association law in Florida pertaining to records inspections and alterations to property. This third, and final, post discusses certain differences between homeowners association and condominium association law in Florida pertaining to construction defect litigation and other issues regarding litigation. Read Full Post

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Special Assessments Levied After Recording the Claim of Lien for HOA and Condo Associations

The Florida Condominium Act provides the process for a condo association to file a foreclosure action for recovering a unit owner’s unpaid assessments. That process includes sending the required statutory notices to unit owners and recording a claim of lien for those unpaid assessments in the county’s official records. Once those pre-suit actions are satisfied an association may move forward with a foreclosure action if a unit owner has not paid the past-due amount owed.
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