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Naples Real Estate Law Blog

Spotlight on condo boards' improprieties, counsel's input

A media investigation from earlier this year that profiled multiple abuses committed by condominium associations across South Florida underscores the compelling need that condo owners can have when confronting the wrongful -- and, often, flatly unlawful -- behavior of homeowners boards.

That probe, which the Miami Herald termed "shocking in its scope," uncovered what the paper stated were "disturbing irregularities" surrounding the administration of planned communities.

What is a Partition suit?

A partition suit (or partition and contribution suit) is a lawsuit that a person files in order to force the division of real property. It also enables that person to get contribution from the other owners for expenses of the property if others are not paying their fair share. 

Florida Real Estate Disputes -- Recovering Possession

A common real estate dispute concerns POSSESSION of the property. There are several real estate litigation remedies for recovering physical possession of real property from someone who is on your land or in your house, storefront or warehouse unlawfully, or improperly using it.

TRESPASS --- If someone comes on your land or enters your house (or vehicle) without your permission, this is a trespass and you can call the Sheriff. Trespass is a crime. Trespass after a written warning has been delivered is a more serious crime. Either may result in an arrest and criminal record for the violator.

LANDLORD TENANT LAW -- HOLDOVERS -If someone entered under a lease and breaches the lease or holds over after the lease expires, the owner's remedy is to seek an eviction under Florida's Landlord Tenant law. Evictions can move  quickly, especially where damages aren't sought. If it is a residential lease, the landlord's remedy is generally confined to the landlord tenant law. (There are more options with a commercial lease).

UNLAWFUL DETAINER STATUTE -- When someone continues to hold, use or stay in real property after asked to leave, they are 'detaining,' e.g. keeping possession of, your property. This statute provides a 'summary proceeding' (quick) remedy to have them removed. This remedy is for use against squatters, for guests who have overstayed their welcome, Sellers who fail to move out after a real estate closing (it happens!), and to holdovers after a commercial lease expires.


Served with a foreclosure notice? Take a breath and get proactive

For most Floridians and other Americans across the country, home-related transactions are about as amped-up as it gets in life. Emotion often goes into any decision-making process regarding a family dwelling. Excitement easily attaches to property transactions, as does, often, stress.

In fact, and given the heightened amount of money that is invariably at stake in subject matter surrounding a home, stress can quite quickly ratchet up to material levels. As we noted in a blog post from last month, "It can be easy to either panic or feel paralyzed when it comes to making [home-related] decisions."

What is a lis pendens?

A Notice of Lis Pendens is a document that gets filed in a real estate dispute, usually in the land records, after a lawsuit has been initiated. Its purpose is to put the world on notice that the real property described in the document is the subject of a pending lawsuit. 

Real estate disputes: How broad of a universe is that?

A quick and succinct answer to the above-posed headline question leading off today's blog post is this: very broad, indeed.

The United States is of course the world's preeminent capitalist nation, grounded in long-tenured business principles and the notion that property rights are the cornerstone of a viable and progressively evolving economy.

If I do not pay my condominium fees, what type of sanctions can my condo association take?

If you own a condo unit, you are required to pay certain fees, called assessments. It is important for you to understand that your condo association or community association has a lien on your unit in order to secure the payment of fees. 

When it comes to real estate matters, the clock is ticking

Any transaction involving property has the potential to be quite stressful. Your home, business and hundreds of thousands of dollars could be on the line, and it can be easy to either panic or feel paralyzed when it comes to making decisions.

However, while you don't want to be panicked into making decisions related to real estate, you also don't want to delay, as there is a clock ticking.

What is a limited common element in a community association?

Limited common elements in community associations are defined by Florida Statutes as those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units. These limited common elements are set forth in the declaration of condominium. Generally, the owner of a condo unit that enjoys use of such limited common element must pay assessments related to that limited common element.

What are the duties of a board of administration for a condo or community association?

The board of administration - also known as the board of directors - for a condo or community association is the group of elected individuals who are responsible for the administration, management, and operation of the condominium association. The powers and duties of the board of administration are set forth in the condominium documents, namely the bylaws and the Rules, as well as CH 718 FL ST. Other powers and duties may be defined in Florida's laws on corporations and not for profit corporations. 

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