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Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement

03.30.2022
Joseph Arena

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 […]

Areas of Focus: Condo, Co-Op & HOA, Community Association Litigation & Covenant Enforcement

Community Update – September 2021

09.30.2021
Joseph ArenaDonna DiMaggio BergerKathleen “Katie” O. Berkey, AICPLilliana M. Farinas-SabogalMark D. FriedmanJay RobertsKaryan San Martano

It may not quite feel like it yet in Florida, but Fall is officially here. This of course means busy season has arrived for many associations as residents head south for the winter months. Check out this month’s issue for several informative articles to help set your board up for […]

Areas of Focus: Condo, Co-Op & HOA

Community Update – August 2021

08.30.2021
Joseph ArenaDonna DiMaggio BergerLilliana M. Farinas-SabogalMark D. FriedmanYeline GoinHoward J. PerlJay Roberts

Have you had a chance to check out Becker’s new podcast, “Take It To the Board with Donna DiMaggio Berger?” The podcast explores the reality of life in a community association, what’s really involved in serving on its board, and how to maintain the ever-so-delicate balance of being legally compliant and community […]

Areas of Focus: Condo, Co-Op & HOA