A common defense raised by owners who find themselves on the wrong side of a covenant enforcement action is to allege an association’s failure to enforce the covenant at issue against all violators and instead only selectively enforcing it. The defense of selective enforcement is based upon a case decided […]
Estoppel Certificates
01.14.2019
Some associations are still not complying with the new laws on Estoppel Certificates which is required of condominiums, cooperatives, and homeowners associations. Prior to July 1, 2017, you only had to provide the prospective purchaser with information about the monies owed to the association attributable to the unit being purchased. […]
Areas of Focus: Condo, Co-Op & HOA
South Florida is growing. Just look at the skyline in any reasonable-sized municipality, and you’re bound to see cranes, new condos, strip malls, and housing developments. While development can be beneficial and add tax revenue, the concerns of the existing community must be taken into consideration so that “smart growth” […]
Q: I recently wrote a letter to the board of directors of my condominium association complaining about constant noise from my neighbor. I then learned that my neighbor was given a copy of the letter. Isn’t this supposed to be confidential? I do not really know him that well and […]
Areas of Focus: Condo, Co-Op & HOA
Ron DeSantis, Florida’s newly elected governor was recently sworn into office. But as is the right of political passage, Rick Scott, the outgoing governor, made numerous political appointments during his last hours in office. Even though both governors are from the same political party, Governor DeSantis is reviewing Rick Scott’s appointments […]
Areas of Focus: Business Litigation
