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.
Well, this tale is sure to rile up just about any individual in Florida or elsewhere across the country who lives in a homeowner or condo association often also referred to as "community associations,"
PARTITION AND CONTRIBUTION DISCUSSION: Click here for a discussion of various types of problems that can be solved with a Partition lawsuit:
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.
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.
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.
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.
Yes, your condo or community association can charge you for repairs to the fire extinguishers and alarms in the condo hallways even though there is no mention of fire safety equipment in the condo association documents. Unless otherwise stated in the condo documents, your condo association should be charging you based on the proportionate ownership interest that you have in the common elements by way of your ownership of the condo unit. As a simplistic example, if your building has 10 units, you should be paying 10% of the repairs for the fire safety equipment in that building.
Question: If my same sex spouse and I were legally married in another state, but now live in Florida, are we entitled to all homestead protections and benefits?
On April 5, 2016, I posted a blog on Same-Sex Marriage and Florida Real Estate, specifically the impact of the United States Supreme Court 2015 ruling in Obergefell v Hodges. The impact will be far-reaching and it will be a while before Florida Courts rule on the multitude of issues.