Whether you live in a condominium, cooperative, or homeowners’ association, owners and their guests, tenants and invitees are bound by the association’s governing documents, which may include the declaration, articles of incorporation, and bylaws, and any rules and regulations. Prospective owners and tenants must understand what is required of them under these documents as they […]
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Options for Dispute Resolution in Condominium Associations
On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, certain disputes between condominium associations and unit owners (or cooperatives and unit owners) were required to be submitted to arbitration through the […]
Read MoreEstoppel Fees Have Increased
In 2017, the Florida Legislature amended the community association statutes to formalize the estoppel certificate process and to establish the amount association were permitted to charge for providing the estoppel certificate. Prior to 2017, the statutes stated that associations could charge a fee for providing an estoppel certificate but did not specify the amount of […]
Read MoreElectronic Voting in Community Associations Are the Days of Paper Ballots and In-Person Meetings a Thing of the Past?
Before the 2020 pandemic, annual membership meetings were a time for owners to get together and discuss community issues while anxiously awaiting for election ballots to be counted. However, COVID-19 changed the manner in which association meetings were held. With restrictions on large group gatherings and strict quarantine requirements, many associations limited in-person attendance, requiring […]
Read MoreAcceptance and Application of Payments is ALWAYS the Right Answer
Assessment payments are the life blood of every community association, and the recovery of delinquent assessments is the primary goal for every community association. However, many associations, and their management companies, refuse to accept direct payment from delinquent owners once the account is turned over to their attorney for collection proceedings. Many associations place a […]
Read MoreCan I Get a Restraining Order?
Over the past few years there seem to be more communities with persons who are threatening, being aggressive, or even stalking board members and/or the association’s manager. In those cases where the person acting in a threatening manner is not an owner, such as a tenant, an occupant, or a guest, then the association may […]
Read MoreHOA Rental Amendments
The Homeowners’ Association Act (Chapter 720, Florida Statutes) was amended during the 2021 Legislative Session to address a homeowners’ association’s authority to adopt amendments to its governing documents pertaining to rentals. The new law, Section 720.306(1)(h), Florida Statutes, became effective on July 1, 2021. In summary, any amendment to a governing document enacted after July […]
Read MoreOptions for Dispute Resolution in Condominium Associations
On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, certain disputes between condominium associations and unit owners (or cooperatives and unit owners) were required to be submitted to arbitration through the […]
Read MoreAttention Landlords and Tenants of Residential Units in Miami-Dade and Broward Counties
It is no secret that with the influx of new residents who moved to South Florida during the pandemic, landlords have drastically increased rents – in some instances close to 50 percent from the prior year. This has created what Miami-Dade County Mayor Daniella Cava deemed an “Housing Affordability Crisis.” Even before the mayor declared […]
Read MoreReal Estate Law Blog Attorney Spotlight: Scott A. Marcus
We’re proud of all our Real Estate practice team members and know that their dedication to quality service is what elevates Becker above the competition. Take a moment to get to know the talent behind your next transaction!
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