Can a unit owner halt a condominium foreclosure by claiming she was misled about the building’s smoking rules? In the latest issue of Co-op & Condo Case Law Tracker, Becker shareholder Steven S. Anderson explores a recent Brooklyn case, the court rejected a plaintiff’s bid to consolidate her sweeping misrepresentation […]
Q: How is a lawsuit formally settled in mediation, and how is that settlement enforced? A: Any settlement agreement reached between the parties at mediation must be properly documented in order to be enforceable. This means that all of the terms of the settlement need to be reduced to writing […]
Q: Can a condominium association change the budget mid-year without a board vote or notice to owners? (S.S., via e-mail) A: It depends on what you mean by “change the budget,” as that phrase can encompass different things. For example, an association may have budgeted a projected amount for insurance […]
Q: What are the advantages of going to mediation? A: There are various reasons why it is advantageous for parties who are embroiled in a legal dispute or already find themselves in litigation to take advantage of mediation. While, as I’ve pointed out in past articles, a mediator will make […]
Q: Is an amendment to our association documents legal under Florida law if it limits my right to rent out my property? (M.W., via e-mail) A: An amendment to a declaration of condominium or covenants that restricts an owner’s ability to lease their unit or home is valid under Florida […]
