The term net lease refers to a contractual agreement where, in addition to rent, a lessee pays a portion or all of the taxes, insurance fees, and maintenance costs for a property. Net leases are commonly used in commercial real estate. In the purest form of a net lease, the tenant is expected to pay […]
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Keeping Politics Out of Your Community Association
Not surprisingly, the chatter about whether or not political signs should be permitted in private residential communities has increased as we draw closer to the elections in November. Let’s first discuss whether or not an owner in a Florida HOA has the “right” to install signs. The short answer is “no” with one exception. FL […]
Read MoreAttorney Fees with Respect to Brokerage Commissions
Q: If I have to sue for payment of my brokerage commission, will I be paid for my attorneys’ fees? A: In Florida, and most jurisdictions throughout the United States, the prevailing party in a lawsuit is not automatically entitled to an award of their attorneys’ fees incurred in the course of the case.
Read MorePre-Judgment and Post-Judgment Interest
Q: If I have to sue to get my commission paid, do I get interest on the unpaid amount? A: The Florida Statutes provide that the plaintiff in a lawsuit is entitled to judgment on the amounts being sued for, both after and potentially before a judgment is entered.
Read MoreThe Association’s Strong Hand for the Removal of Non-Approved Structures
Enforcing HOA restrictions can be a formidable task, implicating myriad overlapping declaration provisions, association rules, and Florida law. And going to court to get injunctive relief – a court order requiring an owner to comply – can seem even more daunting.
Read More10 Things to Know About Florida’s New Emotional Support Animal Law
In these uncertain times it is not unusual for boards operating pet-restricted communities to receive even more emotional support animal (ESA) requests than usual. What is unusual is the emerging trend that some people requesting these ESAs are retracting their requests when confronted with a new law in Florida which criminalizes fraudulent requests.
Read MoreExercising with Caution | Requirements for Gym Openings in New Jersey
On August 27, Governor Murphy issued Executive Order 181 (2020) (the “Order”), setting forth requirements for opening health clubs, as defined by N.J.S.A. 56:8-39, which includes gyms and fitness centers.
Read MoreHurricane Insurance Claims for Condominium Associations
There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to consider is, what is required after a hurricane to ensure compliance with your insurance policy […]
Read MoreIs Second-Hand Smoke Leaving a Bad Taste in Your Mouth?
Long gone are the days when you would be greeted at a restaurant with the question; “Smoking or non-smoking?” Frequent flyers can no longer light up on flight.
Read MoreWhat to Do When a Vendor Damages Association Property
Service providers often cause property damage in community associations. Imagine a furniture delivery driver in a rush to make his next appointment, clipping your community’s security gate and taking a portion of it down the road, or a garbage truck leaking hydraulic fluid on your community roadways, leaving permanent stains. What should your association do […]
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