Community Associations are subject to strict rules as to the amount and type of fees they may charge unit owners who are delinquent on their assessments. The term 'community associations' includes Condominiums and Homeowner Associations (HOAs). These associations are also subject to strict laws concerning the types and amounts of fees that may be charged in the event of a transfer or sale of the unit.
Community Association Issues are on everyone's mind these days after Hurricane Irma caused damage across the state. Disputes are arising as to insurance coverage and the responsibility of owners versus that of associations. Does each party have sufficiant coverage? How will reserves be used? Are the reserves sufficient? Associations, Directors and Unit Owners should also use this as an opportunity to plan for the next casualty event. Click here for a discussion of the Post-Irma issues relating to the liability of condominium associations and their boards of directors, on these critical issues. Also check out our blogs on resolving disputes or litigation arising under NABOR and FR/BAR residential sales contracts after a casualty event.
Florida Commerical Leases /Rental Agreements -In a recent post, we discussed 'Go Dark ' clauses and how they can affect commercial tenants and landlords. We explained that these clauses allow a tenant to cease operations without losing commercial space. As beneficial as this might be for tenants, it can cause headaches for commercial landlords who know that closed businesses can be bad for nearby businesses.
Here's a quick and dirty summary of the new estoppel certificate laws for Condominiums and HomeOwner Associations. Estoppel certificates used to be referred to as 'estoppel letters.' Associations need to be complying with these detailed new requirements, there can be serious penalties for failure to do so.
REAL ESTATE DISPUTE? [Edited May 1, 2017]
The recent hurricane that swept through Florida left in its wake millions of people without power; people were stranded in flooded, destroyed homes; some are dealing with serious injuries and missing loved ones.
Many people are aware that, in 2013, the Florida legislature shortened the period within which a lender must start a suit for the mortgage deficiency from five years to one year. What is a 'mortgage deficiency?' This is essentially defined as the amount a court determines is the difference between the value of the real property at the time it is sold and conveyed by the Clerk after the entry of foreclosure judgment and the total amount owed on the mortgage at that time.
While economic indicators point to continued growth in Naples, many of our readers know that business stability and growth are often directly related to location, business neighbors, automobile and foot traffic and of course, to terms of the governing commercial lease. While these factors don't fit neatly into government economic forecasts, they can make all the difference to hard-working entrepreneurs who have their boots on the ground in the fight for business survival.
Commercial leasing in Florida - Are you a landlord or tenant of a business lease? Municipal governments across Florida just scored a touchdown, but state legislators dropped the ball big time. Recent legislation hurts, rather than helps, Florida businesses -- especially start-up enterprises and small businesses paying commercial rents.
As the above-cited overview says, "Many people lack a clear understanding of easements, and the numerous legal problems that can arise" when they become an issue in YOUR real estate.