Lisa A. Magill Real Estate Law Blog

A Florida case recently issued by the 3rd District Court of Appeal confirms unit owner obligations to pay validly adopted assessments. The Court in Coral Way Condominium Investments, Inc. v. 21/22 Condominium Association, Inc., recited two important statements, one of which was made by the Florida Supreme Court in 1994 in the Ocean Trail Unit Association, Inc. v. Mead, case. Unit owners must understand the following pronouncements:

Avoidance of the payment of a... Read More

Associations filing for bankruptcy is an issue discussed with growing frequency over the years.  Desperate association leaders sometimes come to a conclusion that going bankrupt is the only way to resolve outstanding debt while continuing to operate the property. 

The Spa at Sunset Isles Condominium Association, Inc. filed for bankruptcy protection in the summer of 2010.  The condominium was created by conversion of an existing property during the... Read More

A case recently issued by the 3rd District Court of Appeal confirms unit owner obligations to pay validly adopted assessments. The Court in Coral Way Condominium Investments, Inc. v. 21/22 Condominium Association, Inc., recited two important statements, one of which was made by the Florida Supreme Court in 1994 in the Ocean Trail Unit Association, Inc. v. Mead, case. Unit owners must understand the following pronouncements: 

Avoidance of the payment of a valid... Read More

Board members learn about and evaluate proposed community projects by comparing different products, services, prices, methods and means to accomplish the same objective.  Community leaders should be made aware that the Florida statutes require competitive bidding for significant contracts.

 

For condominiums and cooperatives, the statutes requires competitive bidding for service contracts and contracts for the purchase or lease of materials or equipment that... Read More

Drought conditions, watering restrictions, bank foreclosures and abandoned homes - all have an impact on yard and grounds maintenance.  All have an impact on the look and feel of a community as well as owner/resident satisfaction. Board members have to ask themselves, "is the time, energy, money and aggravation of fighting with cash-strapped homeowners to re-sod, re-plant annuals, perform property inspections, hold... Read More

Condominium and community association owners are apparently taking advantage of the old adage"the best defense is a good offense".

There seems to be a new trend - not a good one - where owners file lawsuits as a result of the amount claimed by the association as due on an estoppel certificate.  Condo and HOA laws require the association to issue an estoppel certificate or statement indicating what is due and owing with respect to the property in connection... Read More

Board members learn about and evaluate proposed community projects by comparing different products, services, prices, methods and means to accomplish the same objective.   Community leaders should know that the Florida statutes require competitive bidding for significant contracts.

For condominiums and cooperatives, the statutes requires competitive bidding for service contracts and contracts for the purchase or lease of materials or... Read More

The American Heart Association encourages the purchase and availability of automatic external defibrillators and many community associations have already purchased this life safety equipment for on-site use.  These machines have become commonplace in airports, hotels and shopping centers throughout the country.

You may wonder if there is any downside to having this machine available in the community association setting.  While Florida's Cardiac Arrest... Read More

It’s typical, expected, and almost commonplace when community association boards of directors, managers, maintenance staff or residents “ignore” what is seen as harmless violations of the recorded restrictions or rules and regulations with regard to pets, only to be outraged later when someone sneaks in a 60 lb. pit bull or a 4 foot snake. Sometimes the board’s lack of action stems from its reluctance to spend money to enforce the pet restriction and/or sympathy... Read More

A case against a condo association in Century Village reported by the Sun-Sentinel prompted me to alert readers of the consequences associated with violations of state and federal fair housing laws.  Read More