Posted in Business & Corporate Law,Real Estate Law

For many people, one of the most attractive aspects of living in a condominium or homeowners’ association is to have an aesthetically pleasing environment. To that end, there are often restrictions on displays by owners. This blog post covers the unique aspects of certain flags.

Posted in Business & Corporate Law,Real Estate Law

A community association’s board of directors is often tasked with making difficult and sometimes controversial decisions regarding community issues, such as covenant enforcement, collection action against delinquent owners, or larger issues with neighboring associations or governmental entities, among other issues. The gravity of these critical decisions can be stressful for board members and create questions regarding their own exposure to liability. A common question and concern from community association directors in these situations is, “Can I be held personally responsible for my actions as a director?”

Posted in Asset Protection,Business & Corporate Law,Real Estate Law

The purpose of bankruptcy laws is to provide an opportunity for a fresh start to honest but unfortunate individuals (or debtors in the bankruptcy context) and to allow for the equal treatment of creditors who may be owed money.  The successful completion of a bankruptcy plan generally entitles the debtor to a discharge of certain debts.  The discharge of a debt prevents creditors from later attempting to collect the discharged debt.  Additionally, 11 U.S.C §362(a) imposes an automatic stay on any collection activity against the debtor or their assets.  The automatic stay begins immediately upon the filing of a bankruptcy petition and acts as a temporary injunction preventing collection activity by creditors.  Generally, the automatic stay will remain in place during the life of the bankruptcy proceedings unless the creditor obtains a court order granting relief from the automatic stay.

Posted in Business & Corporate Law,Real Estate Law

On March 27, 2020, the Secretary of the Department of Business and Professional Regulation (“DBPR”) issued Emergency Order 2020-04 (found here), which clarifies that community associations, including condominium, homeowner and cooperative associations, can exercise the use of emergency powers in light of the Novel Coronavirus Disease 2019 (COVID-19).

Posted in Business & Corporate Law,Real Estate Law

Condominium and homeowner’s associations are required to maintain the official records* of the association within the state for at least 7 years and make them available to the owners or their authorized representative for inspection within 45 miles of the community or within the same county.  For condominiums, Florida Statute § 718.111(12)(c) requires that the association provide access to the records within 10 business days of receiving a written request.  Failing to provide the records within the 10-day period creates a rebuttable presumption that the association willfully failed to provide the records and the requesting owner becomes entitled to damages in the minimum amount of $50.00 per day beginning on the 11^th business day after the request. 

Posted in Business & Corporate Law

The typical board of directors for a condominium or homeowner’s association consists either 3, 5, or 7 directors, depending on the governing documents and participation within the community.  The election of directors by the membership generally occurs each year at the annual meeting.   Some associations have trouble finding enough candidates to fill the open director positions at the annual elections, but what happens when a director unexpectedly resigns, passes away or is disqualified before the end of his or her term?  How does the association fill that vacant director’s seat?

Posted in Real Estate Law

Florida is home to some of the most beautiful trees in the world and is known for its oak canopies and palm tree groves that give our cities and neighborhoods their unique look and feel.  Under H.B. 1159, or “Private Property Rights,” which went into effect on July 1, 2019, limitations have been placed on the ability of cities and municipalities to require a permit in order for a homeowner to prune, trim, or remove a tree from his or her property that may pose a danger.  The new law also prevents local governments from requiring a property owner to replant a tree that was pruned, trimmed, or removed.

Posted in Business & Corporate Law,Real Estate Law

June 1^st marks the official start to the 2019 hurricane season, however, now for the fifth straight year the first storm of the year was named before the season even began.  “Andrea” formed in late May and a new storm, Invest 91L, is currently brewing in the Gulf of Mexico and threatening to become “Barry.”