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.
Real Estate Litigation often arises out of people being careless with language.
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.
It's hardly unimaginable for disputes to occur with regularity -- even numbing frequency -- in a planned residential community in Naples or elsewhere in Florida. The sources of acrimony leading to argument and, sometimes, legal disputes -- between neighbors, between property owners and directing boards, between elected condo association members and so forth -- are myriad in any community where many residents dwell and a panoply of rules and regulations govern their conduct.
Yes, the November 2016 ruling in Bartram versus U.S. Bank N.A. will have far reaching consequences. Of course, every ruling from every state's highest tribunal is always noteworthy and weighty, with Florida hardly being excepted.
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.
Yes, it matters if your homeowners' association (HOA) is incorporated. Pursuant to Florida Statute §720.303, "an association must be incorporated. . . ." You can view the entire statute here. The governing documents must be recorded in the official records of the county where the HOA is located. The governing documents include, but are not limited to, articles of incorporation, which establishes the existence of the corporation.