Perspectives

Every so often associations will unexpectedly receive notice that a tax deed has been applied for in connection with a parcel or condominium unit in the community. Those notices will describe tax certificates, provide a redemption amount, and state the date on which the parcel or unit will be auctioned for unpaid property taxes if […]

Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association and to refrain from obtaining or accepting personal benefits at the expense of the association. […]

What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? In the case, Young v. Tortoise Island Homeowners Association, Inc., the court reasoned that, in the absence of an existing pattern or scheme of architecture which puts purchasers on notice that only […]

The Marketable Record Title Act’s (MRTA) purpose is to extinguish old interests and use restrictions on lands and to allow for land sales to be completed more easily and with less expense. Unfortunately, aged homeowners’ association covenants are amongst the interests that can be extinguished by MRTA, and preventing such extinguishment is a very important […]

The focus of this article is on impartial committees for the annual election. This committee tallies the votes that were cast and determines the outcome of the election. If selected in advance of the annual meeting by the Board, the committee may also verify outer envelope information in advance of the meeting. As a starting […]

Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. In fact, applicable laws governing the operation of condominium and homeowners’ associations allow board members […]

Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try to justify his or her […]

In condominium associations throughout the state, it is common for there to be seasonal unit owners who leave their units unoccupied during portions of the year. For associations faced with periodically unoccupied units in multifamily condominium buildings, there are distinct legal issues worth considering in advance of problems arising.

Article X, Section 4 of Florida’s Constitution protects homestead property from many kinds of forced sales. However, since foreclosures of homestead properties for unpaid association assessment debts and for unpaid mortgage debts occur routinely, it is easy to see how many homeowners’ associations and condominium associations are lulled into thinking that constitutional homestead property protections […]