Month: July 2018

If there is one discrepancy between condominium and homeowner association law that makes absolutely no sense, it’s the laws regarding litigation, arbitration and mediation.  Let’s take each type of community separately: For Condominiums: Florida Statute 718.1255 requires that certain “disputes” start out in arbitration before the Department of Business and Professional Regulation. “dispute” means any…

We all know that condominium and homeowner associations sue and get sued all the time.  Are there any specific obligations to inform the unit owners that the association has filed suit?  Are there any specific obligations to inform the owners or potential buyers that the association has been sued?  Believe it or not, the answer…

We have all been in circumstances where someone promised something, reneged on that promise and we wished we had the original promise in writing.  “Getting it in writing” can also be crucial in the condominium and HOA context. Several years ago our firm successfully argued the case of Curci Village Condominium Ass’n, Inc. v. Maria,…

Joe Hadanuf is the President of Livinhel Condo.  Joe and his Vice President, Haywood Ukilme plan on getting up early, spending the day at the beach and leaving Livinhel in the rear view mirror just for today.  After all, it’s Labor Day and even Board members are entitled to one day without dealing with all…

Today is my 51st birthday.  I’m also in London at the moment taking in the sights with the family.  We’ll also get to see Paris, Amsterdam and Bruges.  A fun and exciting week lies ahead.  And then, it’s back home to the HOA that I live in and the condominium association I work in. Today,…

Florida Statute 718.111(d) states: An officer, director, or agent shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the interests of the association. An officer, director, or…

Over the past two weeks, we have been discussing the power and authority of Boards to pass rules and regulations.  We discussed the fact that a board may have gone too far in making a rule as they really did an unauthorized amendment to the declaration.  The question for today’s blog is what makes the…

Inherent in the condominium concept is the principle that to promote the health, happiness, and peace of mind of the majority of the unit owners since they are living in such close proximity and using facilities in common, each unit owner must give up a certain degree of freedom of choice which he might otherwise…

We all know that if you live in a condominium, your declaration of condominium and all amendments need to be recorded in the public records in the county where the condominium is located.  If you live in a homeowner’s association, your declaration of covenants must be recorded.  Your bylaws should also be recorded in either…